The Hospital medical staff
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If there is no evidence that a hospital is using market power to "force" its contracting physician upon patients and if the exclusive contract does not adversely affect price or quality, an exclusive arrangement should not violate the federal antitrust laws. These are the insights gained from the decision handed down by the Supreme Court in Hyde (Jefferson Parish Hospital District No. 2 v. Hyde, No. 82-1031).
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Physicians excluded from hospitals by reason of exclusive contracts are increasingly challenging these arrangements under the antitrust laws. With the exception of the recent case of Hyde v. Jefferson Parish Hospital District No. 2, the cases reject antitrust attacks on exclusive contracts between hospitals and physicians.
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This article outlines the various legal responsibilities attendant to a hospital's provision of emergency medical services. Specifically, the article focuses on various issues relating to emergency department staffing, including the hospital's duty to provide emergency medical services and the liability of various parties for patient injuries sustained during the course of emergency treatment.