Kessel v. Monongalia General Hospital (May 19, 2004)

Following is a description and link to a recent decision by the West Virginia Supreme Court of Appeals which impacts the ability of hospitals in West Virginia to enter into exclusive agreements with physicians.

EMPLOYMENT, CONTRACTS :: Staff privileges in public hospitals
KESSEL, et al. v. MONONGALIA GENERAL HOSPITAL, et al., Nos. 31547 & 31548 (Maynard, J.)(May 19, 2004). Answering the following certified question from the Circuit Court of Monongalia County (as reformulated by the Court): "May a public or quasi-public hospital enter into an exclusive contract with a medical service provider that has the effect of completely excluding physicians who have staff privileges at the hospital from the use of the hospital's medical facilities." Answer by the Court - No. Setting forth guidance regarding interpretation of medical staff bylaws; a physician's right to practice in public hospitals; duties of quasi-public hospitals; and effect of exclusive contracts with medical service providers.

Here is a link to the full text of the decision.