Legal Advocacy and Amicus Briefs

Amicus Curiae: Advocacy at the Intersection of Law & Medicine

Recent Impact: Due Process & Hospital Credentialing

The American College of Legal Medicine recognizes that a clinician’s ability to provide high-quality care is inextricably linked to their professional security and the fairness of the credentialing process. A primary focus of our recent advocacy has been the protection of physician rights within hospital systems. We believe that a clinician’s ability to provide high-quality care is inextricably linked to their professional security and the fairness of the credentialing process.

• Bylaws as a Binding Covenant: Medical staff bylaws are far more than mere contracts; they are essential safeguards for patient safety and the independent medical judgment of the physician. ACLM emphasizes that fairness requires the equal application of these bylaws. When hospitals fail to follow their own established procedures, they bypass the very peer-review systems designed to ensure clinical excellence.
• The High Cost of Unfair Process: There are tangible harms caused by flawed credentialing. An unfair process does not just result in a loss of work for the physician; it creates a critical loss of continuity of care for the community. When a physician is abruptly prevented from seeing their patients at a hospital, the patient-physician relationship is severed, jeopardizing clinical outcomes.
• State-Specific Protections & Statutory Due Process: While federal standards like the Health Care Quality Improvement Act (HCQIA) provide a baseline, ACLM’s advocacy highlights that many states have enacted specific statutes to provide even more robust protections.

Meet the Committee Chair: Santos Ruiz-Cordero, MD, JD, FCLM

The Amicus Committee is led by our Chair, Santos Ruiz-Cordero, MD, JD, a distinguished Fellow of the ACLM holding dual degrees in medicine and law.

Under his leadership, the committee meticulously reviews requests for participation, selecting cases where ACLM’s unique voice can most effectively shape the evolution of health law.

Recognizing Our Contributors

The production of high-caliber amicus briefs requires an immense amount of voluntary effort. We would like to extend our sincere gratitude to the following members and partners for their recent contributions:

• Michael Vinluan, MD, JD, FCLM (Past President) – For his leadership and scholarship in developing ACLM’s recent amicus briefs.
• Ellia Ciammaichella, DO, JD, FCLM (ACLM Governor and Delegate to AMA) – For her outstanding leadership in bringing the AMA and MSSNY into the brief filed in the Supreme Court of the State of New York, significantly strengthening its persuasive influence before the Court.
• Richard Gajdowski, MD, JD, FCLM – For filing an ACLM motion and amicus brief before the Supreme Court of the State of New York.
• The ACLM Board of Governors: For their strategic oversight and commitment to the College’s advocacy mission.

AMICUS COMMITTEE 
Santos Ruiz-Cordero, MD, JD, FCLM – Chair
Michael Vinluan, MD, JD, FCLM – Past President
Eli N. Avila, MD, JD, MPH, FCLM, DABLM – Past President

Our Repository of Most Recent Briefs

1. Cardiovascular and Medical Associates of the Hudson Valley, P.C., and Philip Totonelly, M.D. v. Health Quest Systems, Inc., et al. (Docket No. 2024-09207)
   • Date filed: February 12, 2026
   • Jurisdiction: Supreme Court of the State of New York, Appellate Division (Second Dept.)
   • Subject: Hospital credentialing and due process
   • Core Legal Issue: Whether the court erred in upholding a hospital’s arbitrary denial of privileges in a way that violates Public Health Law § 2801-b and harms patients by disrupting care and access to their physician.
   • Impact: Explains that arbitrary exclusion of physicians undermines physician-patient relationships, continuity of care, and access to treatment, while increasing medical risks and costs for patients and communities. The American Medical Association (AMA) and the Medical Society of the State of New York (MSSNY) joined the ACLM amicus. 
2. Jeffery Weisman and Strategic Biomedical, Inc. v. Barnes Jewish Hospital, et. al
   • Date Filed: July 31, 2024 
   • Jurisdiction: United States Court of Appeals for the Eight Circuit
   • Subject: Memorandum of Agreements for Resident Physicians
   • Core Legal Issue:  Whether MOAs are binding agreements between residents and program administrators rather than mere formalities or general guidelines. 
   • Impact: Clarifies that MOAs are binding agreements between residents and program administrators, strengthening legal standards, protecting physician residents, and improving accountability in medical training and healthcare practice.

Contact & Inquiries

For media inquiries regarding our legal filings or to suggest a case for the Amicus Committee to review, please contact info@aclm.org.