A group of physicians on the medical staff at Avera Marshall (Minn.) Regional Medical Center sued the hospital in January, claiming the hospital violated bylaws when it repealed the set of rules and adopted new bylaws. The physicians alleged the hospital failed to follow the process for amending rules as was outlined by the current bylaws, thus breaching its contract with physicians.
Avera Marshall urged the court to dismiss the suit, claiming the medical staff — as part of the hospital — had no grounds to sue. District Judge Michelle Dietrich ruled the medical staff could not sue the hospital, but the suit moved forward with several individual physicians as plaintiffs.
In the September decision, the court in Minnesota’s 5th Judicial District said the medical staff bylaws cannot be considered contracts as they lack certain necessary legal components for such documents, according to the report. Avera Marshall had the authority to change the former medical staff bylaws and physicians must follow the new bylaws, according to the decision.
The physicians are reportedly considering their legal options and a possible appeal, according to the report.
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