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| Medical Staff Briefing |
| July 2008 |
| The effect on exclusive contracts |
| Hospitals that engage physicians in exclusive contracts or employment agreements need to be aware that such arrangements-if not crafted carefully-can create potentially dangerous loopholes. Michael Callahan, Esq., a senior healthcare attorney at Chicago-based Katten Muchin Rosenman, LLP, says Robert Lee Berry, the anesthesiologist at the center of the Kadlec case (see "Kadlec overview" below), fell through a pretty big one.
Berry was a member of Covington, LA-based Lakeview Anesthesia Associates, which had an exclusive contract with Lakeview Regional Medical Center. Callahan says physicians under exclusive contracts with hospitals typically waive their fair hearing rights. |
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