What’s New in Health Law

Medical Staff Bylaws Do Not Create Vicarious Liability
The Appellate Court of Illinois affirmed the trial court’s dismissal of a medical negligence case brought by a patient against a hospital and held that the hospital was not liable for the acts of the physicians who performed the patient’s bariatric surgery because the physicians were independent contractors.  Of note, the court concluded that the medical staff bylaws did not create the level of control necessary for a finding of vicarious liability because the bylaws address matters “that are collateral to patient care decisions, which remain in the exclusive control of physicians.”
Magnini v. Centegra Health Sys.

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Question of the Week

 

We are currently in the process of revising our Medical Staff Bylaws and have been trying to pin down the requirements for the history and physical (“H&P”) provisions in the Bylaws.  As a starting point, could you let us know what details are required by federal law and regulations and accreditation standards?

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