[MMA News Now, February 9, 2012] The MMA Executive Committee voted unanimously this week to support the medical staff of Avera Marshall Regional Medical Center and its medical executive committee, chief of staff and chief of staff elect in their lawsuit against the Marshall, Minnesota, hospital.

The plaintiffs are an unincorporated association of licensed physicians who have medical staff membership and privileges to practice at the hospital.

They filed suit against Avera Marshall Regional Medical Center because the administrators and board of directors have repeatedly disregarded and violated the medical staff bylaws and have taken actions to prevent them from fulfilling their respective obligations and rights under the bylaws, including appointing and reappointing physician applicants to the medical staff; calling and holding meetings of the medical executive committee; appointing physician members to the medical staff quality improvement committee; and conducting medical staff investigations and peer review proceedings.

The plaintiffs argue that the medical staff bylaws constitute a contract between the medical staff and the hospital and that they therefore have rights and obligations in accordance with them.

Hospital administrators and the board of directors disagree and recently voted to unilaterally repeal the medical staff bylaws, effective April 1, 2012, and replace them with a new set of bylaws.

The plaintiffs filed suit in Lyon County last month and sought MMA support. MMA leadership agreed to support the plaintiffs because their case is consistent with the MMA’s goal of advancing professionalism in medicine by striving to protect the rights of physicians, particularly with regard to quality of care decisions.

They are seeking a declaratory judgment that medical staff bylaws constitute a contract between the medical staff and the hospital; a ruling on the rights and responsibilities of the medical staff and other parties as set for in the bylaws; and an injunction to prevent the hospital’s administration from violating the terms of the bylaws in the future.

The MMA has sought support from the AMA Litigation Center in hope that a combined backing of the medical staff in this matter will highlight the significance of this case in the eyes of the court and prevent a negative legal precedent from being set.

Attorneys for Avera Marshall have filed a motion to have the case dismissed. The motion hearing is scheduled for March 21, 2012.

The MMA will continue to provide updates about this case as information becomes available.