Ny State Court of Appeals Dismisses Doctor's Breach of Contract Lawsuit

Summary


A doctor cannot bring a breach of contract claim for damages based on a violation of medical staff by-laws unless clear language in the by-laws creates a right to this relief.

This was the finding of the New York State Court of Appeals in Roger Mason v. Central Suffolk Hospital, et al. The plaintiff filed a lawsuit for damages after his privileges to perform surgery were suspended. He claimed the defendant's by-laws were a contract between the two parties and it violated the contract when it suspended him without legitimate cause.

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Extract


Ny State Court of Appeals Dismisses Doctor's Breach of Contract Lawsuit

The state's highest court disagreed with the plaintiff's assertions and affirmed the order of the Appellate Division, dismissing the complaint.

The Facts

The plaintiff, Dr. Roger Mason, was a member of the defendant, Central Suffolk Ho...

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