Appeals court: hospital must follow med staff bylaws

Article Abstract:

The Wisconsin State Court of Appeals, in the case of John A. Austin, MD et al v. Mercy Health System, ruled that physicians and not hospitals have the ultimate authority to make decisions in cases where medical staff bylaws exist. Austin and 28 other physicians had sued Mercy Health on the grounds that it had negated its medical staff bylaws and created its own criteria for critical care operations. In addition to being a case of breach of contract, the physicians successfully argued that Mercy Health's actions undermined the physician-client relationship.

Offices & clinics of medical doctors, Physicians & Surgeons, Offices of Physicians (except Mental Health Specialists), Mercy Health System

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Hospital responsible for physicians' negligence

Article Abstract:

A Wisconsin appellate court has determined that a staff physician who was not an employee of the hospital nonetheless had an apparent relationship with that hospital, thus allowing a negligence suit which had been denied in trial court. The appellate court noted that the three criteria constituting an apparent agency relationship had been met in the case, which involved a patient who died after receiving an injection of air into the pericardium while awaiting treatment for a recurrence of breast cancer.

Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Consumer Protection-State, Consumer protection, Negligence, Tort liability, Tort liability of hospitals

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