What Are Medical Staff Admissions?
When a physician wants to work at a particular hospital, he must apply for privileges on its medical staff. This requires an application process, much like when someone seeks employment at a company or firm. If a doctor is denied admission to the medical staff, he usually can appeal the decision to the hospital board, then in court.
What Are Medical Staff Terminations?After a physician has been admitted to a hospital¿s medical staff, the hospital can terminate his privileges if he fails to meet the hospital¿s standard of care. As with medical staff admissions, in some states the physician can appeal the decision to the hospital and the courts.
What Is the Standard of Review Courts Apply?In states that have judicial review of medical staff admissions and terminations, courts have adopted different standards of review for determining whether the hospital¿s action was proper. When a physician is denied admission, the courts often require that the hospital have had good cause to deny admission. This is usually satisfied if the physician did not comply with one of the medical staff¿s bylaws.
The court may also require that the hospital¿s appeals process satisfy ¿due process.¿ This means that the physician must have had adequate notice of the reason for denial and an opportunity to respond to the charge. When a hospital terminates a physician¿s privileges and the physician appeals to the courts, a court can either come to its own decision based on the facts, or uphold the hospital¿s decision unless it was not supported by any credible evidence. Most courts will review the decision for support by credible evidence because of the complex nature of the medical judgments involved.
Do I Need an Employment Attorney?Denial or termination of medical staff privileges can have a serious impact on a physician¿s livelihood and profession. If you have a medical staff problem, contact an employment attorney to get advice on your rights and the available remedies. |
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