On April 14, MedLaw Blog posted a comment about Villare v. Beebe Medical Center, a case in which a Delaware trial court granted summary judgment on the basis that the medical staff bylaws were held not to constitute a contract between the hospital and the individual physicians in Delaware. Villare sited a New York
medical staff bylaws
Medical Staff Bylaws Are Not Contracts in Delaware
By Michael Cassidy on
Posted in Credentialing and Peer Review
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 the due process provisions contained in the Bylaws are guaranteed to the physician, regardless of the Health Care Quality Immunity Act (HCQIA).…
Louisiana Becomes Medical Staff Bylaws Equal Contract State
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Granger v. Christus Health Central Louisiana d/b/a Christus St. Francis Cabrini, the Louisiana Supreme Court ruled that medical staff bylaws are a contract between the hospital and a the medical staff member. The court ruled:
“In promulgating the Bylaws and in accepting the applications of the physicians who sought medical staff membership in
…
Peer Review “Interference” Alleged as Tortious Interference with Contract
By Michael Cassidy on
Posted in Credentialing and Peer Review
Peer Review “Interference” Alleged as Tortious Interference with Contract
Many sham peer review cases are based upon breach of contract in states in which the medical staff bylaws are treated as contracts between the hospital and/or medical staff and the individual physicians. Typically, the cause of actions is based upon some failure to provide the…
Medical Staff Bylaws as Contracts
By Michael Cassidy on
Posted in Credentialing and Peer Review
Cases with opposing interpretations on this issue were decided within the past month. Heretofore, the basic question had been whether medical staff bylaws constituted contracts under state law. The majority of courts deciding these cases have concluded that medical staff bylaws were valid contracts. In the states with the opposite holdings, the basic theory was that bylaws merely…
Tennessee Appellate Court Allows Termination of Privileges for Bylaws Violation
By Michael Cassidy on
Posted in Credentialing and Peer Review
In Patterson v. Methodist Health Care-Memphis Hospitals, the Tennessee Court of Appeals affirmed an order of summary judgment, allowing a Tennessee hospital to terminate the medical staff membership and clinical privileges of two physicians for a breach of contract. The contract was established by the medical staff bylaws, which required a certain level of continuous…