AVERA MARSHALL MED. STAFF v. AVERA MARSHALL

No. A12-2117.

857 N.W.2d 695 (2014)

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.

Supreme Court of Minnesota.

December 31, 2014.


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 , Stinson Leonard Street LLP, Minneapolis, MN, for respondents.

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

David F. Herr , Michael C. McCarthy , Maslon Edelman Borman & Brand, LLP, Minneapolis, MN, for amici curiae Minnesota Hospital Association and American Hospital Association.


OPINION

In 2012, the governing board of respondent Avera Marshall Regional Medical Center, a nonprofit hospital in Marshall, Minnesota, announced a plan to repeal the hospital's medical staff bylaws and replace them with revised bylaws. Avera Marshall's Medical Staff, its Chief of Staff, and Chief of Staff-elect eventually...

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