The war is on: why your medical staff needs to incorporate and obtain its own independent counsel.

In a January 31, 2003 letter to the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) (Footnote 2) commenting on its proposed new standards, leaders of the hospital bar made their position clear (Footnote 3). According to them, the medical staff is not an independent, self-governing body -it is just a part of the hospital, like the dietary department. In their view, the medical staff is not responsible for quality of care, the hospital's board of directors is. Per these lawyers, the board of directors has the unilateral right to amend the medical staff bylaws. These attorneys also discourage medical staff meetings. Most tellingly, they believe: