Legal Opinion

Mason v. Central Suffolk Hospital

New York Court of Appeals

Decided November 18, 2004PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

R.S. Smith, J.

In Gelbard v Genesee Hosp. (87 NY2d 691, 698 [1996]), we left open the question “whether a breach of contract action can be predicated on a violation of medical staff bylaws.” We now answer that question in part, holding that no action for damages may be based on a violation of medical staff bylaws, unless clear language in the bylaws creates a right to that relief.

Facts

Doctor Roger Mason was a member of the medical staff of Central Suffolk Hospital and a specialist in laparoscopic surgery (surgery performed by means of a narrow tube called a laparoscope…

2Cases cited10 opinions

  1. Maas v. Cornell UniversityNew York Court of Appeals · 1999
  2. Tedeschi v. Wagner CollegeNew York Court of Appeals · 1980
  3. Guibor v. Manhattan Eye, Ear & Throat Hospital, Inc.New York Court of Appeals · 1978
  4. Giannelli v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 1990
  5. Gelbard v. Genesee HospitalNew York Court of Appeals · 1996

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3Cited by18 opinions

  1. Anesthesia Associates v. Northern Westchester Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2009
  2. Egan v. ST. ANTHONY'S MEDICAL CENTERSupreme Court of Missouri · 2008
  3. Victor Bernard Williams, M.D. v. Baptist Health D/B/A Baptist Health Medical CenterSupreme Court of Arkansas · 2020
  4. Indemini v. Beth Israel Medical CenterNew York Court of Appeals · 2005
  5. Meyer v. North Shore-Long Island Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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