Credentialing & Privileging

Should hospitals be held liable for physicians’ negligence?

Credentialing and Peer Review Legal Insider, July 1, 2009

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Most states provide confidentiality and legal immunity to those who participate in peer review, including medical professionals who raise concerns about a colleague’s ability to competently practice medicine and/or provide testimony during a peer review case. However, a recent Tennessee case confirms that qualified immunity extends to hospitals when patients file negligent credentialing claims.
According to the court’s opinion, the plaintiff, Christy Leann Smith, sued the estate of Stephen Pratt, MD, for malpractice. In addition, she sued Centennial Medical Center in Nashville, whose peer review committee granted Pratt privileges despite his alleged lack of competence.
Smith argued that Tennessee’s peer review statute, found at TCA §63.6.219, goes against its original intent, which is to protect those involved in peer review from getting sued by a physician who is adversely affected by a peer review decision.

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