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Tag: negligent credentialing

Nevada Supreme Court Holds Negligent Decision To Discharge Patient Is Medical Malpractice Claim, Not Ordinary Negligence

January 30, 2026

Scott Freeman was discharged in the middle of the night from Renown Regional Medical Center after being treated for mere hours. Scott’s wife, Melissa Freeman, was traveling at the time, and thus, there was no adult in the home to receive Scott or provide him with care following his discharge. [...]

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Florida Appellate Court Rules Medical Malpractice Plaintiff Not Entitled To Defendant Surgery Center’s Credentialing File For Defendant Surgeon

November 1, 2024

In 2004, the Florida Constitution was amended to add Amendment 7, which provides in part: (a) In addition to any other similar rights provided herein or by general law, patients have a right to have access to any records made or received in the course of business by a health care facility or provide[...]

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Florida Appellate Court Allows Punitive Damages Claim In Medical Malpractice Case

July 31, 2024

Plaintiff Mark R. Mohan alleged in his Florida medical malpractice case that Karl M. Hagen, M.D. performed an appendectomy procedure on him to remove his inflamed appendix on May 8, 2011. When the hospital pathologist performed a perfunctory examination on the specimen, he discovered that the surgeo[...]

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Georgia Appellate Court Revives Negligent Credentialing, Punitive Damages, And Attorney Fees Claims In Medical Malpractice Case

July 13, 2022

Court Revives Negligent Credentialing, Punitive Damages, And Attorney Fees Claims In Case: The Court of Appeals of Georgia stated in its April 29, 2022 opinion, “the trial court erred when it found that Calvin had offered no evidence (a) that Hamm was unqualified to provide the medical care sh[...]

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Delaware Court Discusses Information That May Not Be Subject To Peer Review Privilege In Negligent Credentialing Cases

April 17, 2021

In a Delaware medical malpractice case where the plaintiff suffered a stroke during neurosurgery on his brain, the plaintiff alleged that defendant Christiana Care Health Services, Inc. (“CCHS”) was aware of defendant Bikash Bose, M.D.’s (“Bose”) propensity to commit negligent surg[...]

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Georgia Appellate Court Discusses Need For Expert Affidavit In Negligent Credentialing Cases

August 11, 2020

The Court of Appeals of Georgia (“Georgia Appellate Court”) stated in its opinion dated June 29, 2020, “This Court has not addressed whether an expert affidavit regarding negligent credentialing on the part of a hospital is necessary in addition to the expert affidavit filed agains[...]

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Missouri Supreme Court En Banc Remands Medical Malpractice Plaintiff’s Claim Of Negligent Credentialing

April 28, 2020

In its opinion dated December 10, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) held: “Without evidence showing a reasonable investigation into the surgeon’s background and qualifications would have revealed he was unqualified to perform laparoscopic cholecystect[...]

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Louisiana Supreme Court Holds Negligent Credentialing Claim Falls Under Louisiana’s Medical Malpractice Act

February 16, 2020

The Supreme Court of Louisiana (“Louisiana Supreme Court”) held in its opinion dated January 29, 2020 that the plaintiff’s “allegations against the hospitals for negligent re-credentialing necessarily fall within the definition of “malpractice” under the LMMA because they[...]

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Missouri Supreme Court Remands Medical Malpractice Case For Determination Of Plaintiffs’ Negligent Credentialing Claim

January 6, 2020

In its opinion dated December 10, 2019, the Supreme Court of Missouri (“Missouri Supreme Court”) held: “Without evidence showing a reasonable investigation into the surgeon’s background and qualifications would have revealed he was unqualified to perform laparoscopic cholecystect[...]

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Neurosurgeon Testifies During Negligent Credentialing Trial In Illinois

December 18, 2018

A neurosurgeon who allegedly operated on the wrong side of a patient’s spine, causing the patient to suffer a severe injury, testified on behalf of the defendant hospital on November 28, 2018 in an Illinois case alleging that the hospital where the surgery was performed was negligent in creden[...]

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