A hospital is a complex organization with multiple leadership constituencies - board, administration and medical staff. What is particularly unique is that the hospital medical staff is an organizationally distinct entity within the hospital structure, acting as an agent of the hospital in carrying out professional oversight activities. For legal counsel working with hospital leadership, this can give rise to ethical dilemmas and potential conflicts of interest. We will address:
- Navigating legal representation with multiple leadership constituencies
- Managing the conflicting agendas that can arise in the academic medical centers, community hospitals and multi-entity health systems
- Identifying potential conflicts of interest and when to engage separate counsel
- Special challenges that arise in a jurisdiction (e.g., New Jersey, California) that recognizes the medical staff as an independent entity capable of suing the hospital.
Recorded at A Day on Health Law in October 2019.