Author Topic: Protecting the rights of medical staffs  (Read 7020 times)

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Offline dr-awale

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Protecting the rights of medical staffs
« on: January 27, 2009, 09:58:05 PM »
By Nancy H. Nielsen, MD, PhD

I'm very pleased to report some wonderful news that came out of Florida recently. The state Supreme Court recently prevented a medical center in Fort Pierce, Fla., from infringing on its physicians' ability to safeguard high-quality medical care, a significant ruling for doctors and patients alike.

The Florida Supreme Court's ruling in Lawnwood Medical Center v. Lawnwood Medical Staff, which was announced Aug. 28, struck down a Florida statute passed in 2003 that would have eviscerated the rights, duties and responsibilities of physicians at Lawnwood Regional Medical Center by allowing hospital board policy to unilaterally supersede medical staff bylaws in conflicts over privileging, contracting and quality issues.

The Florida Medical Association (FMA) strongly opposed the statute when it was introduced in the state legislature, and last year a Florida appeals court found the law unconstitutional. The Supreme Court's decision affirmed the lower court's ruling, reiterating that medical staff bylaws are a binding contract and explaining exactly why these documents are an important part of preserving patient safety. It's an important victory that will prevent hospitals from encroaching on medical staff autonomy and becoming embroiled in a legal tug of war over the division of responsibilities within the hospital.

Physicians who comprise medical staffs—not hospital trustees or administrators—are in the best position to make decisions on medical issues that affect patients' well-being. With that, it's important that hospitals work cooperatively with their medical staffs to ensure that hospital policies related to financial management do not conflict with the best interests of patients. The outcome of this case strengthens the likelihood of that collaboration at Lawnwood and at hospitals nationwide.

Much credit for this legal triumph must be given to the Litigation Center of the AMA and State Medical Societies, which provided critical support for the Lawnwood medical staff. The Litigation Center helped to defray the legal costs of the medical staff and, along with the FMA, filed amicus curiae, or "friend of the court," briefs to support the physicians. The AMA Organized Medical Staff Section also pitched in, providing expertise about medical staff bylaws to the physicians.

The decision adds to the Litigation Center's long list of legal victories. As AMA Board of Trustees Chair Joseph Heyman, MD, pointed out in a column that appeared in the Oct. 6 issue of American Medical News, the Litigation Center has a strong track record of protecting the integrity of medical staffs. In one particular case, Medical Staff of Community Memorial Hospital of San Buenaventura v. Community Memorial Hospital of San Buenaventura, the Litigation Center helped secure a settlement in which the medical staff, hospital administration and board of trustees must comply with all provisions of the medical staff bylaws.

If you're a physician having trouble with a hospital or health system regarding medical staff bylaws, I encourage you to contact the Litigation Center at (312) 464-4110, send an e-mail explaining your circumstances or ask your state medical society to refer the case to the Litigation Center.


Source: http://www.ama-assn.org/ama/pub/category/20162.html


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