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Revising Medical Staff Bylaws: An Organizational Challenge

Published online by Cambridge University Press:  28 April 2021

Nathan Hershey
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Extract

A single article, unless of extraordinary length, cannot provide all the information bylaws draftsmen should have. And of course, practically all hospitals desire to secure or to maintain accreditation by the Joint Commission on Accreditation of Healthcare Organizations (Joint Commission). To do so they must conform, in large measure at least, to its prescriptions for review of decisions regarding medical staff appointments and clinical privileges. The net effect of bylaws that specify procedural rights for applicants and staff members is that except for a few jurisdictions, the court will require hospital action on medical staff matters to be in substantial accord with by law requirements, even if as a matter of law the court would not require that such procedural rights be provided by a private hospital.

Type
Article
Information
Law, Medicine and Healthcare , Volume 15 , Issue 3 , Fall 1987 , pp. 139 - 143
Copyright
Copyright © American Society of Law, Medicine and Ethics 1987

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References

More comprehensive information can be found in: American Medical Association, Bylaws: A guide for hospital medical staffs, AMA, 1984; American Hospital Association, The medical staff bylaws handbook, American Hospital Publishing, 1987.Google Scholar
482 N.W.2d 168 (Ind. App. 1985).Google Scholar
See, Sams v. Ohio Valley General Hospital Association, 413 F.2d 816 (4th Cir. 1969).Google Scholar
See, American Medical International v. Scheller, 462 So.2d 1 (Fla. Dist. Ct. App. 1985); Northeast Georgia Radiological Assocs. P.C. v. Tidwell, 670 F.2d 507 (5th Cir. 1982).Google Scholar
Suckle v. Madison General Hosp., 362 F.Supp. 1196 (W.D. Wisc. 1972), aff'd, 499 F.2d 1364 (7th Cir. 1974); Kaplan v. Carney, 404 F.Supp. 161 (E.D. Mo. 1975); Knapp v. Palos Community Hosp., 465 N.E.2d 554 (1984).Google Scholar
Hiser v. Randolph, 617 P.2d 774 (Ariz. 1980).Google Scholar
Joint Commission, Medical Staff, Required Characteristic MS.2.1., Accreditation Manual for Hospitals, 1988.Google Scholar