Michael Callahan, a partner in the firm’s Health Care Practice, was quoted in an article in American Medical News on a case in which the Florida Supreme Court ruled that a statute granting precedence to hospital board bylaws over medical staff bylaws was unconstitutional. Mr. Callahan says that while hospitals generally abide by medical staff bylaws, if both sides reach an impasse or medical staffs fail to uphold their duties, hospital boards have ultimate authority to take action. Courts often take into account public policy concerns when evaluating whether a hospital board's actions were reasonable, he adds. "This [St. Lucie County statute] clearly was special legislation," a restriction most states recognize, Mr. Callahan says. "There are right and wrong ways [to address disputes]." Hospitals—not medical staffs—bear ultimate responsibility for their fiduciary duties as well as quality of care, he says. (“Florida high court rejects curb on medical staff rights,” October 6, 2008)
Chicago
