What’s New in Health Law

New Cases

Physician’s Claims Pertain to Rights under the Bylaws, Not Employment Contract

The United States District Court for the District of Kansas denied a hospital’s motion to stay the case and compel arbitration in a suit brought by one of its physicians.  The physician claimed that the hospital violated its bylaws, rules, and regulations of the professional staff when it forwarded adverse standard of care findings to the Kansas Board of Healing Arts prior to giving a hearing to challenge the adverse findings.  The hospital argued that, instead, physician’s claims were subject to an arbitration provision in the Physician Contract Labor Agreement entered into between the physician and the hospital’s Board of Trustees.  The court disagreed, finding that the physician’s claims did not relate to his labor agreement, but rather to his rights under the bylaws, rendering the arbitration requirement inapplicable.

Farmer v. Stafford Cty. Hosp.

To read more about this case and other new cases, visit our What’s New page.


Question of the Week

In light of Oklahoma’s recent legalization of the use of medical marijuana, we are reminded that they join a majority of states that have already done so, begging the question of how does this affect the workplace and what requirements are placed on employers to accommodate the use of medical marijuana?

Read the answer>>

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