AVERA MARSHALL MED. STAFF v. AVERA MARSHALL

No. A12-2117.

836 N.W.2d 549 (2013)

MEDICAL STAFF OF AVERA MARSHALL REGIONAL MEDICAL CENTER on its Own behalf and in its Representative Capacity for its Members, et al., Appellants, v. AVERA MARSHALL d/b/a Avera Marshall Regional Medical Center, et al., Respondents.

Court of Appeals of Minnesota.

July 22, 2013.


Attorney(s) appearing for the Case

Kathy S. Kimmel , Margo S. Struthers , Oppenheimer Wolff & Donnelly, LLP, Minneapolis, MN, for appellants.

David R. Crosby , Bryant D. Tchida , Leonard, Street and Deinard, P.A., Minneapolis, MN, for respondents.

Eric J. Magnuson , Daniel J. Supalla , Briggs and Morgan, P.A., Minneapolis, MN, for amici curiae American Medical Association, Minnesota Medical Association, American Osteopathic Association, American Academy of Family Physicians, Minnesota Academy of Family Physicians, and Minnesota Chapter American Academy of Pediatrics.

David F. Herr , Michael C. McCarthy , Maslon Edelman Borman & Brand, LLP, Minneapolis, Minnesota; and Benjamin Peltier , Vice President, Legal Services, Minnesota Hospital Association, St. Paul, MN, for amicus curiae Minnesota Hospital Association.

Considered and decided by ROSS, Presiding Judge; CHUTICH, Judge; and KIRK, Judge.


OPINION

KIRK, Judge.

This case presents two compelling and (in this case) competing policy interests. On one side is the interest of hospital management in controlling hospital operations and providing a safe environment for patients through bylaws governing the medical staff. On the other side is the interest of a medical staff in carrying out its obligations to patients by controlling how it organizes itself and how it influences the formation of and compliance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases