Credentialing & Privileging

Lawsuit highlights legal implications of credentialing and privileging

Credentialing Resource Center Connection, April 19, 2007

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A lawsuit against St. Francis Medical Center in Breckenridge, MN has made it all the way to the state's Supreme Court, and could have big implications for credentialing and privileging processes statewide.

 

The lawsuit, according to an article in The Minnesota Lawyer, a weekly newspaper covering the state's legal system, the suit was brought by a woman who underwent gastric bypass surgery at the hospital to treat morbid obesity. The woman became ill as a result, undergoing additional surgeries and complications, the article indicates.

 

The woman sued the hospital, "alleging that it negligently granted the doctor privileges to perform the gastric bypass surgery at its facility," the article states, and the woman also alleged that the doctor had a troubled history including practice deficiencies, medical malpractice claims, and board discipline.

 

The state's Supreme Court is now reviewing the decision by the Minnesota Court of Appeals which found that the state "does not recognize a cause of action for negligent credentialing or privileging and that while the peer review statutes do not grant immunity to a hospital from such a claim, they do limit liability," The Minnesota Lawyer reports.



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