A
hospital appealed from a temporary restraining order issued to prevent the summary
suspension of a cardiac surgeon's clinical privileges by the Executive Committee
of the hospital's board. The board took this action after the medical staff
leadership refused to act. In reversing the trial court and overruling the TRO,
the appellate court ruled that the board had the inherent authority to take
this action, even if it could be found to be inconsistent with the medical staff
bylaws. On this point, the court stated that if a medical staff bylaw could
be interpreted in a way that would restrict the exercise of the board's authority,
"we would strike it down as a violation of public policy."
Read summary of Lo v. Provena Covenant Med. Ctr., 2004 WL 162685 (Ill. Jan. 28, 2004)