Independent status for hospital medical staffs: no cause for antitrust alarm

In recent years, there has been a growing controversy surrounding the issue of so-called "independent status" for hospital physician staffs. During the late 1970s and early 1980s, some articles advanced the theory that any conduct creating the appearance of an independent status for the hospital staff separate from that of the hospital could generate the environment for an antitrust action. These early theories, however, failed to fully appreciate the basic nature of antitrust law and the changing role of the hospital medical staff. Indeed, the changing nature of the hospital medical staff and the current application of antitrust law strongly indicate the early theories are misplaced and the "independent status" of the hospital medical staff does not create cause for antitrust alarm.