We addressed a similar question in an earlier article.  At that time, we discussed the issue of whether a Medical Staff can have standing to sue its own hospital.  We cautioned in that article to “be careful what you ask for.”  If a Medical Staff asserts autonomy and wishes to sue on its on behalf, […]

The award of punitive damages is a troubling and unpredictable part of the American judicial process. The term “punitive damages” refers to the award of monetary compensation to an injured party that goes beyond what is necessary to compensate the injured party for their actual loss (in other words, these are non-compensatory damages that are […]

Can a Medical Staff sue its own Hospital? Apparently so. In Medical Staff of Avera Marshall Regional Medical Center v. Avera Marshall Regional Medical Center, the Minnesota Supreme Court determined that the Medical Staff had standing to sue the Hospital and that the Medical Staff Bylaws constituted an “enforceable contract” between the Medical Staff and […]

When a hospital makes a decision to “close” a particular department or service line by entering into an exclusive contract or employment agreement for services that decision could have a significant impact on pre-existing members of the medical staff.  Those members of the medical staff will effectively be precluded from exercising clinical privileges within the […]