MARSHALL - A motion to reconsider a request for a temporary restraining order in a lawsuit brought against Avera Marshall Regional Medical Center on behalf of its medical staff was the subject of a hearing in Lyon County District Court on Wednesday.
After hearing arguments from attorneys for both Avera Marshall and the plaintiffs, District Court Judge Michelle Dietrich said she would take the matter under advisement.
The lawsuit was originally filed in January by Avera Marshall chief of staff Dr. Steven Meister and Dr. Jane Willett, on behalf of the hospital's medical staff.
The suit alleges that Avera Marshall violated medical staff bylaws and prevented the chief of staff and the hospital's Medical Executive Committee from fulfilling their duties. The plaintiffs are seeking a judgment that the medical staff bylaws are a contract between the hospital and the medical staff.
In early May, an order from Dietrich denied the plaintiffs' motion for a restraining order, which would have prevented Avera Marshall from implementing changes to the staff bylaws. The plaintiffs had filed a broader motion to reconsider that decision, but Wednesday's hearing was limited to discussion of specific issues relating to the new bylaws.
Dietrich had questions for attorneys regarding how the new bylaws would affect the current chief of staff, chief of staff elect, Medical Executive Committee and staff elections for those positions.
Kathy Kimmel, attorney for the plaintiffs, argued that a temporary restraining order should be reconsidered. In her arguments, Kimmel said the new bylaws would still be harmful for Meister and Willett if they were to be removed from their positions as chief of staff and chief of staff elect.
David Crosby, attorney for Avera Marshall, said the hospital did not intend to remove Meister or Willet from their positions.
Other arguments at the hearing centered around the bylaws' possible effects on elections for positions including chief of staff and chief of staff elect, and how much control the hospital board would have over potential candidates.
Dietrich said she would take the matter under advisement. A hearing in the case has been set for June 27.