Due process requirements in medical staff by-laws and the employment termination of contracted medical staff (such as Radiologists, Pathologists, and ER physicians).

Medical staff bylaws generally are binding on the parties—the organized medical staff and the hospital or health care entity that approves and signs them. Medical staff bylaws consist of the individual medical staff members, applicants, and other practitioners who have been granted clinical privileges. A number of jurisdictions have held that medical staff bylaws always constitute a contract between the hospital and the medical staff. Medical staff bylaws describe the fundamental principles of medical staff self-governance and accountability to the governing body. Medical staff bylaws, as due process requirements are adopted to provide a framework for the medical staff of a hospital. This procedure can discharge responsibilities in matters involving the quality of medical care, and to govern the orderly resolution of issues and the conduct of medical staff functions. Employee handbooks and medical staff bylaws can be viewed by a court as binding contract between both an employer and employee, unless such documents provide legally acceptable disclaimers. While employment termination of contracted medical staff such as Radiologists, Pathologists and ER Physicians can be considered exclusive contracts. it allows organization to hire and/or contract with physicians and medical groups to provide specific but specialized type of medical services to the organization.  Exclusive contracts usually occur within the organization’s ancillary service departments, and physicians who seek to practice at organizations in these ancillary areas. These physicians may not be part of the exclusive group who attempted to invoke the federal antitrust laws to challenge these exclusive contracts.