Ask the expert: Should medical staff bylaws address employment contracts and exclusive contracts?

Medical staffs should include a provision in the bylaws stating that if there is a contractual arrangement between the hospital and any member of the medical staff, the terms of the contract take precedence over the bylaws, says Michael Callahan, an attorney at Katten Muchen Rosenman, LLP, in Chicago.

“You don’t want to see a provision giving the bylaws precedence over the contract—the governing board would never approve that because it would limit their right to contract [with physicians and physician groups], he says.

This week’s question and answer are from Medical Staff Briefings, HCPro’s monthly newsletter. For more information, click here.