MARSHALL – The book’s not yet closed on a lawsuit brought against Avera Marshall Medical Center by members of its medical staff three years ago. An attorney for three local medical providers said that his clients are appealing a Lyon County District Court Judge’s ruling on how changes to Avera Marshall’s medical staff bylaws can be made.

The appeal was filed Wednesday, said Eric Magnuson, an attorney representing the doctors suing Avera Marshall. The three named plaintiffs in the case are Dr. Steven Meister, Dr. Jane Willett, and Dr. Anthony Nwakama.

The lawsuit against Avera Marshall has already been to the Minnesota Court of Appeals and the state Supreme Court once, although for different issues than the ones being raised now. The Supreme Court’s opinion overturned two lower court decisions, and ruled that the Avera Marshall medical staff was a group that could sue and be sued in court, and that the medical staff bylaws formed a contractual relationship between the hospital and individual medical staff members.

The Supreme Court turned the case back to Lyon County District Court, to implement its ruling. In October, Judge Michelle Dietrich ruled that the Avera Marshall hospital board had the authority to amend medical staff bylaws without needing the approval of a two-thirds majority of the medical staff. Court documents filed Wednesday said plaintiffs in the case now seek a ruling on whether the district court’s determination was in error.

“My clients feel very strongly about the need to have physicians involved” in making decisions about the medical staff bylaws, Magnuson said.

David Crosby, attorney for Avera Marshall, said past court decisions had already made it clear that a medical staff could not have veto power over a hospital board.

“Every court that’s looked at this has said the same thing,” Crosby said. However, he said the plaintiffs were within their rights to appeal.

Crosby said the litigation won’t affect day-to-day operations at Avera Marshall.

It will likely be a few months before the court of appeals will able to act on the case, attorneys said. First, there will be windows of time for both sides of the lawsuit to file briefs on the appeal.