California decides that medical staff bylaws are not contracts

The point of conflict between the majority and minority views is the existence of consideration. There is no question that hospitals are required to adopt medical staff bylaws, nor is there any doubt hornbook law states the performance of a pre-existing duty does not constitute consideration. Therefore, the issue of law is whether the hospital's grant of privileges and the physician's agreement to abide by the bylaws is separate or different "consideration" sufficient to justify the creation of a contract.