The term "disruptive behavior" is cropping up in a number of hospitals. Typically, the hospital proposes amendments to the medical staff bylaws to provide for disciplining doctors and sometimes other health care professionals whose conduct is "disruptive to hospital operations." Alternatively, the hospital enacts policy calling for discipline and possibly locking out doctors who are considered "disruptive."

The legal ramifications of such policies can be enormous.

Hospitals may be justified in being proactive on disruptive behavior, because of the potential liability they face for having permitted harassment of their employees to take place. However, some hospital policies go overboard by defining "disruptive behavior" so that constructive criticism, political activism, and economic investment decisions are subject to discipline.

Medical staffs must be involved in any policies on disruptive behavior that could affect medical staff members. Policies should be carefully crafted to maximize confidentiality and other legal protections for medical staff leaders and other members involved in the process. Involving medical staff wellness committees can be effective in changing aberrant behavior without gearing up the disciplinary process.

For assistance with effective medical staff disruptive behavior policies, contact Elizabeth A. Snelson at easesq@snelsonlaw.com.

Contact

Elizabeth Snelson Mailing address 121 Virginia Street St. Paul, Minnesota 55102-2113 Telephone 651/293-0321 voice/voicemail 651/293-1003 fax Email: easesq@snelsonlaw.com