Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Retaliation Against Physicians - Ben Shwachman, M.D.

Shwachman v. Inter-Community Medical Center, Inc., et al.
(contractual nature of medical staff bylaws)

Issue: On October 1, 1992, CMA filed an Informational Memorandum of Points and Authorities. In its memorandum, CMA addressed the legal issue of whether the medical staff bylaws constitute a binding agreement between the medical staff (and its individual members) and the hospital. CMA urged the court to recognize medical staff bylaws, once adopted by the medical staff and approved by the hospital board, as a binding contract between the hospital and the medical staff.

Outcome: This case was settled and is not published.