This court has also reviewed whether hospital bylaws have been substantially complied with based on an injunction. Knapp v. Palos Community Hospital (1984), 125 Ill. App.3d 244, 246, 465 N.E.2d 554; Fahey v. Holy Family Hospital (1975), 32 Ill. App.3d 537, 538, 336 N.E.2d 309, appeal denied (1976), 61 Ill.2d 601, cert. denied (1976), 426 U.S. 936, 49 L.Ed.2d 387, 96 S.Ct. 2650. • 7 In Knapp v. Palos Community Hospital (1984), 125 Ill. App.3d 244, 465 N.E.2d 554, the plaintiff sought injunctive relief for wrongful curtailment of his medical staff privileges.
The basic rationale behind the rule was the court's unwillingness to substitute its judgment for that of the private hospital authorities ( 90 Ill. App.2d 409, 415), although the court did note that a public hospital's action in rejecting an application for staff membership is judicially reviewable to determine whether the rejection was arbitrary, capricious, or unreasonable. 90 Ill. App.2d 409, 413; see Dayan v. Wood River Township Hospital (4th Dist. 1958), 18 Ill. App.2d 263, 152 N.E.2d 205. The rule in Mauer has since been reiterated, but not applied, by this court. ( Fahey v. Holy Family Hospital (1st Dist. 1975), 32 Ill. App.3d 537, 543, 546-47, 336 N.E.2d 309, cert. denied (1976), 426 U.S. 936, 49 L.Ed.2d 387, 96 S.Ct. 2650.) A corollary rule prefiguring Mauer is that where the bylaws of a private hospital place on its governing board the final responsibility for staff appointments and privileges, a failure to reappoint which may cause a physician inconvenience and probably loss of income will not alone justify the issuance of a temporary injunction against the hospital.
Plaintiff bases these claims on alleged violations of the medical staff bylaws, viewed as a contract between her and the hospital. Fahey v. Holy Family Hospital, 32 Ill. App.3d 537, 336 N.E.2d 309 (1975), cert. denied, 426 U.S. 936, 96 S.Ct. 2650, 49 L.Ed.2d 387 (1976). She cannot base her claims upon some specific contract between her and the hospital, as there was none.
Indeed, the hospital's bylaws provide an "integral relationship between the hospital and members of its staff." Fahey v. Holy Family Hospital, 32 Ill. App.3d 537, 336 N.E.2d 309, 314 (1975). The Court is hesitant to overturn a hospital's decision to dismiss or curtail a physician's privileges unless plaintiff can show that the procedures followed violated the constitution or bylaws of the hospital.
In reaching this decision, we note that the bylaws, adopted and approved by the medical staff and the hospital, form an integral part of the contractual relationship between the hospital and Archer, a member of the medical staff. Fahey v. Holy Family Hospital, 32 Ill. App.3d 537, 336 N.E.2d 309, 314 (1975), cert. denied, 426 U.S. 936, 96 S.Ct. 2650, 49 L.Ed.2d 387 (1976); Adler v. Montefiore Hospital Association, 453 Pa. 60, 311 A.2d 634, 645 (1973), cert. denied, 414 U.S. 1131, 94 S.Ct. 870, 38 L.Ed.2d 755 (1974). In accepting an appointment to the medical staff, Archer agreed to abide by the provisions of the hospital bylaws.
A private hospital is free to adopt reasonable regulations for the conduct of its affairs. Fahey v. HolyFamily Hospital, 32 Ill. App.3d 537, 336 N.E.2d 309 (1975); accord, Strauss v. Marlboro County GeneralHospital, 185 S.C. 425, 194 S.E. 65 (1937). Here we are not persuaded respondent's implementation of such regulations to the restriction of appellant's practice in its hospital requires us to depart from the longstanding principle that such action is not subject to judicial review.
The hospital admitted that Applebaum is "unwilling" to enter into a contract with Garibaldi to provide open heart surgery. The hospital's bylaws are an integral part of its contractual relationship with the members of its medical staff. ( Fahey v. Holy Family Hospital (1975), 32 Ill. App.3d 537, 543, 336 N.E.2d 309; see also Pariser v. Christian Health Care Systems, Inc. (8th Cir. 1987), 816 F.2d 1248, 1251.) The hospital clearly had a contractual relationship with Garibaldi in 1992.
The circuit court dismissed this count apparently on the basis that the service agreement, not the bylaws, controlled inasmuch as the agreement contained the following provision relating to medical staff privileges: "Membership on the Medical Staff of the Hospital, in the event of the termination of this Agreement, shall be terminated." Plaintiff maintains, however, that the hospital bylaws form part of the contract between the hospital and its staff, citing, in particular, Head v. Lutheran General Hospital (1987), 163 Ill. App.3d 682, 516 N.E.2d 921, and Fahey v. Holy Family Hospital (1975), 32 Ill. App.3d 537, 336 N.E.2d 309, and that the termination provision in the agreement must be read to provide that termination of medical staff privileges be in accordance with the bylaws. Defendants respond that the termination provision in the agreement is unambiguous and was bargained for in exchange for plaintiff's exclusive right to provide radiological services at Memorial.
Where a contract gives the insurer a right to nonrenew, the temporary lack of insurance resulting in lost profits and other associated expenses does not, without more, justify the issuance of a preliminary injunction. Cf. Fahey v. Holy Family Hospital (1975), 32 Ill. App.3d 537, 544, 336 N.E.2d 309. • 5 The trial court also referred to damages to plaintiff's reputation.
Since Hopedale is a private institution the plaintiff possessed no constitutionally guaranteed right to staff privileges. Fahey v. Holy Family Hospital (1975), 32 Ill. App.3d 537, 336 N.E.2d 309. • 2 Counts V and VI seek to allege a tort action based upon negligent and wilful and wanton conduct on the part of the defendant Hopedale Hospital and defendant administrator Rossi predicated upon their acts in terminating the plaintiff's staff privileges.