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Medical Staff Matters

Medical Staff Matters


Our team has assisted hospitals, HMOs, nursing facilities, home health agencies, and other provider groups in a wide range of medical staff matters.  From developing medical staff rules, regulations, and bylaws to representing providers and institutions in peer review and medical staff disciplinary matters, our team has the experience you need to navigate these thorny issues.

Dealing with medical staff issues often requires the ability to balance regulatory, liability, human resources, financial, and operational considerations.  Smith Moore Leatherwood's medical staff matters team has the experience to help our clients weigh these factors, resolve contested issues, and implement effective medical staff structures.


Examples of our work in this area include:

  • Defended a hospital's medical staff and governing board against claims by a physician that he was entitled to medical staff membership and clinical privileges even though he did not meet the requirements set forth in the hospital's medical staff bylaws, including two appeals
  • Represented hospital client in multi-stage medical staff hearing, including two initial hearings, appeal hearings, and Board presentations, involving allegations of assault and abusive behavior made against physician
  • Represented hospitals and physicians in fair hearing process following suspension, restriction and termination of physician privileges
  • Represented physicians, dentists, and other practitioners in hearings before and negotiations with state licensing boards
  • Counseled clients regarding credentialing, peer review, quality improvement, and medical staff governance issues
  • Developed contractual arrangements designed to close medical staff departments
  • Advised Boards and management concerning medical staff relationships
  • Developed plans for credentialing reviews
  • Prepared risk management plans and policies designed to minimize claims against health care providers
  • Conducted interviews under privilege of physicians and staff members relating to alleged misconduct by physician
  • Defended provider clients against lawsuits brought by physicians over disciplinary actions
  • Assisted with obtaining visas and addressed other immigration issues for physicians and other health care professionals
  • Advised organizations concerning compliant compensation processes and structures for employed medical staff
  • Assessed when National Practitioner Data Bank reports are required and prepared such reports
  • Counseled clients and litigated concerning covenants not to compete and other employment issues, including alleged discrimination, sexual harassment, and sexual misconduct, with support from our experienced labor and employment team

Each of our lawyer's e-mail address is provided with his or her biography. If you are not a current client of our firm, you should not e-mail our lawyers with any confidential information or any information about a specific legal matter, given that our firm may presently represent persons or companies who have interests that are adverse to you. If you are not a current client and you e-mail any lawyer in our firm, you do so without any expectation of confidentiality. We will not establish a professional relationship with you via e-mail. Instead, you should contact our firm by telephone so that we can determine whether we are in a position to consult with you about any legal matters before you share any confidential or sensitive information with us.