New Hampshire Supreme Court Affirms Dismissal of Medical Staff Lawsuit
BOSTON - The Supreme Court of New Hampshire issued an opinion today in favor of McDermott Will & Emery client, Exeter Hospital. In the principal decision of the case, Exeter Hospital Medical Staff v. Board of Trustees of Exeter Health Resources, Inc., the New Hampshire Supreme Court affirmed the trial court's dismissal of the Exeter Hospital medical staff as a party. The Supreme Court decided that a hospital's medical staff does not have the legal capacity to sue its hospital. As stated in the court's opinion, "the medical staff in this case is not a legal entity separate and apart from the hospital, but rather is a subordinate administrative unit dependent upon and accountable to the hospital."
The lawsuit resulted from the Board's removal of Dr. Mark Windt as a trustee, which position he held ex officio as president of the medical staff.
The American Hospital Association and the New Hampshire Hospital Association filed an amicus curiea brief in support of the Hospital and its Board. The American Medical Association and the New Hampshire Medical Society filed an amicus curiea brief on behalf of the medical staff.
Advising Exeter Hospital in connection with the removal, the lawsuit, and the appeal were Trial Department partner Steven Kasten, and Health Law/Trial Department associate Jennifer Geetter, all from the Firm's Boston office.
McDermott Will & Emery's Health Law Department is one of the United States' largest health law practices, with more than 110 lawyers resident throughout its U.S. offices. The Firm provides legal services in every segment of the health care industry and helps to shape many federal, state and local laws and regulations.
