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Minnesota court rules hospitals can be sued for negligent credentialing

Credentialing Resource Center Connection, October 11, 2007

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The Minnesota Supreme Court ruled that hospitals can be sued for negligent credentialing, making it the 26th state to recognize such claims, according to the October 15 edition of American Medical News. The ruling does not override existing peer review confidentiality laws, but it does allow plaintiffs to use outside information (i.e. evidence from prior lawsuits) to build a case.

Opponents of this decision claim that it will make physicians reluctant to get involved with peer review, and that it will provide more obstacles for practitioners seeking privileges. However, supporters argue that it only reinforces a hospital's obligation to ensuring patient safety.

The original case which sparked this most recent litigation was filed by Mary Larson who claimed her gastric bypass surgeon, Dr. James P. Wasemiller was unqualified to treat her, and negligently credentialed to do so by St. Francis Medical Center. After the surgery, Larson discovered that Wasemiller had failed his surgical board exams three times, and was a defendant in several other lawsuits, according to the article.

To read the entire American Medical News article, click here.

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