- October 17th 2012
A judge has ruled in a Minnesota case that medical staff bylaws do not constitute a contract between physicians and hospitals.
The State of Minnesota District Court, 5th Judicial District, County of Lyon, said the creation of bylaws does not include the necessary legal requirements to make the regulations a binding contract. Avera Marshall Regional Medical Center in Marshall, Minn., had the authority to change the hospital’s former medical staff bylaws, and physicians must follow the latest rules, the court said in its Sept. 25 opinion.
The ruling sets a bad precedent and is contrary to the widely held view that medical staff bylaws are a contract, said Robert Meiches, MD, CEO of the Minnesota Medical Assn. The MMA co-wrote a friend-of-the-court brief, along with the Litigation Center for the American Medical Association and the State Medical Societies, in support of the plaintiff doctors. A judge declined to accept the brief, saying it was not necessary at the time.
“A ho [Read more]