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Tip of the week: Separate malpractice claims from negligent credentialing claims

Medical Staff Leader Connection, February 3, 2011

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Negligent credentialing cases most often occur when a patient claims that he or she was harmed by a physician at a hospital. Plaintiffs’ attorneys like to cover all of their bases to give their clients the best chances of getting a handsome payment by issuing a claim against the hospital and the physician simultaneously. However, for the hospital, the best-case scenario is for the two claims to be separated, says Catherine Ballard, Esq., partner at Bricker & Eckler in Columbus, OH.

“An essential element of a negligent credentialing claim is that a patient was harmed by the negligence of a physician. If this element is not established, there can be no claim against the hospital,” she says.
Hospitals can ask the judge who is overseeing the case to separate the two claims because, arguably, a hospital should not need to be involved unless the physician in question is found negligent.
 

This week’s tip is from “Tips for developing a stand-up-in-court negligent credentialing action plan” in the February issue of Credentialing & Peer Review Legal Insider.
 



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