Negligent Credentialing

http://www.ama-assn.org/amednews/2007/10/15/prsa1015.htm | AMN | 10.15.07

Physicians fear that a recent Minnesota Supreme Court decision could compromise statutory peer review protections and taint physicians in medical liability cases that are tied to negligent credentialing claims.

For the first time, the high court recognized that patients can sue hospitals for allegedly granting privileges to doctors with questionable credentials. The unanimous decision adds Minnesota to a list of at least 25 other states that recognize negligent credentialing claims.

Meanwhile, doctors worry that such claims will chip away at peer review confidentiality because hospitals will find it difficult to fight back without disclosing the details that go into credentialing decisions.

In any consideration of “universal” tort reform, should we first clean our own house? Is negligent credentialing any different from negligent hiring — and is it not a reasonable alternate legal theory for negligent outcome?