News & Analysis as of

Physicians Bylaws

Procopio, Cory, Hargreaves & Savitch LLP

Why California Medical Staffs Should Review Their Bylaws

Many California medical staffs may be looking to start 2022 with updated bylaws. A recent case, Bichai v. Davita, Inc. (2021) 72 Cal.App.5th 1126, stands as a reminder that the bylaws cannot set forth a stricter burden of...more

Tucker Arensberg, P.C.

Independent Medical Staff Denied Title VII Protection

Tucker Arensberg, P.C. on

It has not been unusual for employed physicians to seek the protection provided to independent medical staff members through the due process procedures provided by medical staff by-laws. The case of Levitin and Chicago...more

Hinshaw & Culbertson LLP

A Recent Illinois Decision Explains How to Deal with Medical Staff Claims

The Illinois Supreme Court released a decision on May 19, 2016 that provides useful guidance in defending and protecting a claim by a medical staff member against a hospital for improperly failing to appoint or reappoint or...more

Stinson LLP

In Avera Marshall Medical Staff Bylaws Dispute, District Court Rules in Hospital's Favor on Remand - Ruling affirms that boards of...

Stinson LLP on

On remand from a decision by the Minnesota Supreme Court, the Lyon County District Court recently ruled that Avera Marshall Regional Medical Center’s Board had the authority to amend the hospital’s medical staff bylaws and...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Katten Muchin Rosenman LLP

LEGAL UPDATE: Final Medicare Medical Staff Conditions of Participation: What Should be in your Bylaws

In This Presentation: - Hospital Governing Board - Do physicians have to serve on boards? - How must board consult with the organized medical staff if physicians are not on the board? - Hospital Medical...more

Katten Muchin Rosenman LLP

Injury Prevention: CMS Updates: What Must Go Into Your Bylaws

In This Presentation: - Hospital Governing Board - Do physicians have to serve on boards? - How must board consult with the organized medical staff if physicians are not on the board? - Hospital...more

Katten Muchin Rosenman LLP

Final Medicare Medical Staff Conditions of Participation: What Should be in your Bylaws

In This Presentation: - Hospital Governing Board - Do physicians have to serve on boards? - How must board consult with the organized medical staff if physicians are not on the board? - Hospital...more

King & Spalding

Minnesota Supreme Court Holds that Medical Staff Bylaws Are an Enforceable Contract

King & Spalding on

In an opinion released on December 31, 2014, the Supreme Court of Minnesota held that medical staff bylaws can be an enforceable contract and that a hospital’s medical staff (as an unincorporated association) can have the...more

Faegre Drinker Biddle & Reath LLP

Food Fights Make Bad Law

The axiom "hard facts make bad law" never held so true than in the case of the Minnesota Supreme Court's decision in Medical Staff of Avera Marshall Regional Medical Center vs. Avera Marshall, issued on December 31, 2014. ...more

Faegre Drinker Biddle & Reath LLP

Minn. Sup. Court: Med Staff Bylaws Are a Contract & Staff May Sue

On the last day of 2014 the Minnesota Supreme Court gave a hospital medical staff a double victory, ruling that (1) medical staff bylaws constitute a contract between the hospital and medical staff members and (2) the medical...more

Tucker Arensberg, P.C.

Medical Staff Bylaws Are Not Contracts in Delaware

Tucker Arensberg, P.C. on

One of the fundamental issues in credentialing disputes is whether the Medical Staff Bylaws constitute contracts between the Hospital and the individual physicians. If the Medical Staff Bylaws do constitute a contract, then...more

Nossaman LLP

California Supreme Court Delivers Key Peer Review Ruling

Nossaman LLP on

The California Supreme Court, on June 6, 2013, ruled unanimously in El-Attar v. Hollywood Presbyterian Medical Center, that the delegation of a peer review matter to the hospital's governing board did not violate a...more

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