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Physician claiming disability must present credentialing file

Credentialing Resource Center Connection, April 12, 2007

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A federal court in Ohio has denied a physician's request for a protective order that would bar the discovery of the contents of his hospital credentialing file. The plaintiff physician alleges that his ability to continue to practice surgery is impaired because of physical ailments arising from the negligent applicant of insecticides in his home. He is suing the pest control company for damages.

The pest control company sought to discover the contents of the physician's credentialing file. The court noted that the physician had himself made the issue public by bringing the lawsuit. Further, the court held that the question of whether the physician had disclosed his alleged impairments to the hospitals at which he practiced was relevant to the case. Although the court acknowledged that if the plaintiff had not disclosed his impairment to his hospitals, the disclosure might harm the physician's continued ability to practice, the court ruled that the physician had an obligation to disclose the impairment to the facilities, and therefore is not entitled to a protective order.

The court's judgment allows the plaintiff physician the opportunity to disclose his credentialing files to the defendant. However, if the files are not disclosed or the disclosed materials appear incomplete, the court will permit the defendants to seek the information directly from the hospitals.

Kerner v. Terminex International, U.S. Dist. Ct. So. Dist. Ohio, Eastern Div., 2007 U.S. Dist. LEXIS 9566. February 7, 2007, filed.

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