State ex rel. Wolf v. La Crosse Lutheran Hosp. Ass'n
| Citation | 193 N.W. 994,181 Wis. 33 |
| Parties | STATE EX REL. WOLF ET AL. v. LA CROSSE LUTHERAN HOSPITAL ASS'N. |
| Decision Date | 05 June 1923 |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, La Crosse County; Chester A. Fowler, Judge.
Mandamus proceedings by the State, on the relation of Herman E. Wolf and another, against the La Crosse Lutheran Hospital Association. From an order quashing writ, relators appeal. Affirmed.
This is a mandamus action brought by plaintiffs, who are copartners engaged in the medicine and surgery at La Crosse, to compel their reinstatement as members of the medical staff of the defendant hospital association.
The petition states that the defendant was incorporated in October, 1899, under the provisions of chapter 86 of the Revised Statutes, without capital stock, to conduct, promote, pursue, and maintain the establishment and maintenance of a hospital situated in the city of La Crosse for the benefit of the sick, infirm, and aged; that its hospital was built and equipped, in part, by voluntary subscriptions, and has been maintained ever since, in part, by voluntary subscriptions; that during all the time the petitioners practiced their profession each has enjoyed the privileges of said hospital and complied with all the rules and regulations prescribed by said corporation; that on or about the 1st day of September, 1919, the said hospital association, in conformity with the movement initiated by the American College of Surgeons to standardize hospital service and secure medical and surgical standards, and by virtue of the authority in them vested by the articles of incorporation of said La Crosse Lutheran Hospital Association, formed and created an organization known as the attending staff of the La Crosse Lutheran Hospital Association, and thereupon duly and regularly adopted a constitution and by-laws for the government of said attending staff. The constitution and by-laws declared that the La Crosse Lutheran Hospital has formed, through its board of directors, an organization known as the attending staff of the La Crosse Lutheran Hospital, consisting of eight members, including petitioners; that the purpose of the organization shall be to secure and maintain high medical and surgical standards, to encourage the spirit of co-operation among the members of the attendingstaff and the hospital, thus securing the maximum welfare of the patients, aiding the scientific advancement of its members as well as the internes and nurses coming under its influence. It was provided that vacancies shall be filled and additional appointments shall be made by the board of directors on recommendation by the attending staff; that the attending staff shall hold monthly meetings at the hospital for the scientific discussion of records and cases under treatment, and such other matters as may properly come before this body in the interest of the hospital. All members of the attending staff were required to subscribe to the following declarations:
“I hereby promise, upon my honor as a gentleman, that I shall not, as long as I am permitted to practice in the La Crosse Lutheran Hospital, practice division of fees in any form; neither collecting fees for others referring patients to me, nor permitting them to collect fees for me; nor will I make joint fees with physicians and surgeons referring patients to me for operation or consultation; nor will I directly or indirectly compensate any one referring patients to me; nor will I knowingly permit any agent or associate to do so.”
Comprehensive rules were prescribed for the government of the attending staff, among which were the following:
“4. Unprofessional and unethical conduct and violation of the rules of this staff shall constitute a cause for expulsion. Any member against whom charges have been preferred shall be notified of such charges, and shall have the opportunity of appearing before the attending staff and the board of directors in joint meetings in his own defense before final action shall be taken.
5. Three-fourths vote of the staff shall be necessary to recommend expulsion of a member.”
It was also provided that the...
To continue reading
Request your trial
-
Sadler v. Dimensions Healthcare Corp.
...Pa. 257, 149 A.2d 456, 459-60 (1959); Strauss v. Marlboro County Gen. Hosp., 185 S.C. 425, 194 S.E. 65, 65 (1937); State ex rel. Wolf, 181 Wis. 33, 193 N.W. 994, 996 (1923) (declaring mandamus would not lie against private hospital for denying privileges to physician). Physicians attempted ......
-
Falcone v. Middlesex County Medical Soc.
...Stevens v. Emergency Hospital of Easton, Inc., 142 Md. 526, 121 A. 475 (Ct.App.1923); State ex rel. Wolf v. LaCrosse Lutheran Hospital Association, 181 Wis. 33, 193 N.W. 994 (Sup.Ct.1923); Harris v. Thomas, 217 S.W. 1068 (Tex.Civ.App.1920), see Annotation 13 BRC 522, 523; People ex rel. Rep......
-
Berberian v. Lancaster Osteopathic Hospital Ass'n, Inc.
... ... and George C. Wolf. Supreme Court of Pennsylvania.March 20, 1959 ... 557, ... 568, 141 A.2d 18, 24-25; State ex rel. Wolf v. La Crosse ... Lutheran Hospital ... ...
-
Berberian v. Lancaster Osteopathic Hospital Ass'n, Inc.
...Joseph v. Passaic Hospital Ass'n, supra, at 26 N.J. 557, 568, 141 A.2d 18, 24-25; State ex rel. Wolf v. La Crosse Lutheran Hospital Ass'n, 181 Wis. 33, 38, 193 N.W. 994, 996; Johnson v. City of Ripon, supra, at 259 Wis. 84, 86, 47 N.W.2d 328, 329. Consequently in a case such as the present,......