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Bylaws Claims Dismissed

The United States District Court for the Northern District of Illinois granted in part and denied in part a hospital’s motion to dismiss a radiologist’s claims for breach of employment contract and breach of hospital bylaws (following his termination and removal as director).

The dispute involved the radiologist’s faculty contract, a separate letter agreement, and the medical staff bylaws. The court held that there were questions of fact with regard to the agreements, but that summary judgment should be granted to the hospital on the breach of bylaws claim because action had not been taken on his clinical privileges.

Jokich v. Rush Univ. Med. Ctr.

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Question of the Week

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A physician came back from one of your leadership programs and was worried about whether our credentialing process complies with the Americans with Disabilities Act (“ADA”).  I’m confused about why we would need to comply with a law that only applies to employment.  Isn’t credentialing completely separate?

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