Missouri Supreme Court: Doctors can sue if hospitals ignore bylaws in privileging issues
Physicians say a Missouri Supreme Court ruling, though narrow, recognizes the significance of medical staff bylaws and offers doctors some recourse in the face of unfair discipline.
Breaking with a 43-year-old precedent, a unanimous high court opened the door for medical staff members to sue hospitals over privileging disputes if the facilities fail to follow staff bylaws. Justices departed from a long-held principle that hospital privileging decisions were not subject to judicial review, noting that was the “nationwide majority rule” at the time of the high court’s 1965 decision.
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