MARSHALL - Documents filed in Lyon County District Court this week said two professional organizations that have expressed an interest in a civil suit brought against Avera Marshall Regional Medical Center on behalf of its medical staff will appear in court.
Representatives of the Minnesota Medical Association and the American Medical Association filed an amended motion on Monday, asking to appear before a judge as friends of the court in the lawsuit.
A friend of the court is someone who, although they are not a party in a lawsuit, provides more information that the court may use to help reach a decision on a case.
Earlier this year, the MMA and AMA had said they supported the lawsuit, which alleges Avera Marshall violated medical staff bylaws and prevented the hospital's chief of staff and Medical Executive Committee from fulfilling their duties.
An order from District Court Judge Michelle Dietrich last week said the MMA and AMA could obtain a hearing and serve a motion if they wished to be friends of the court in the lawsuit. A motion hearing was set for April 13.
A hearing for the actual parties in the lawsuit is set for April 18. Plaintiffs Steven Meister and Jane Willett are seeking a judgment that the bylaws are a contract between the hospital and the medical staff.
Fact Box
ACMC files answer to Avera claims concerning lease of clinic space
MARSHALL - Affiliated Community Medical Centers filed an answer last week to a civil lawsuit involving a dispute over a lease for clinic space owned by Avera Marshall Regional Medical Center.
Avera Marshall filed a civil complaint in Lyon County District Court on March 5, asking for a judge's ruling on ACMC's lease for Bruce Street clinic space. Avera Marshall is seeking a judgment that ACMC's lease expires in September and may not continue to be renewed.
The original lease for the Bruce Street clinic dates back to 1975. However, the complaint alleges that ACMC received a one time, 10-year extension of the lease in 2003. The complaint also alleges that renewing the lease would violate state statutes limiting how long hospitals may lease out space to another person or business.
In an answer to the suit filed Wednesday in Lyon County District Court, ACMC denied the allegations that its current lease for clinic space is a new and separate extension from the original lease, and denied that the lease could not be renewed.
A hearing date for the lawsuit has not yet been set.
Deb Gau
According to court documents filed in late February, the plaintiffs will also be asking the judge for a temporary restraining order to stop Avera Marshall from repealing current medical staff bylaws or implementing proposed new bylaws.
The plaintiffs claim the new bylaws would remove the chief of staff and Medical Executive Committee's authority in peer review and other decisions that affect patient care.
Deb Gau