Negligent Credentialing Lawsuits: Strategies to Protect Your Organization

This user-friendly legal guide to negligent credentialing tells you exactly what you must do to prevent a claim from being filed—
and what to do to get filed claims dismissed.

Negligent credentialing claims are on the rise. And your hospital is at risk.

There has been a tremendous increase in the number of negligent credentialing claims being filed in conjunction with traditional medical malpractice claims. With physicians carrying less malpractice insurance than in the past, hospitals are targeted as having "deeper pockets." It's disturbingly easy for plaintiffs' attorneys to simply tack such a claim on every lawsuit if there is the slightest hint of something off in the credentialing process (and it is not hard to find something). How can you adequately protect yourself?

Stop wasting time and money on unfounded claims

While in most reported cases, the hospital (and individually named medical leaders) has been able to successfully defend itself, by the time a claim makes it into court the damage has already been done. The actual cost of a legal defense and the time that has to be dedicated to fighting the claim is incredibly damaging to your hospital's financial well-being—not to mention its reputation.

Identify and understand the legal hot buttons that provoke claims

Negligent Credentialing Lawsuits: Strategies to Protect Your Organization reviews the common pitfalls and risks that can get your facility into legal hot water, and outlines the legal defenses that can be used to avoid such suits. It focuses on specific legal issues, such as elements of proof and causation, that will help a filed claim get thrown out of court. Use this resource to ensure your credentialing practices are absolutely bulletproof.

This user-friendly legal guide provides:

• Specific court cases
• Bulleted charts
• Checklists

This resource is a must-read for:

• MSPs
• credentialing committee members
• risk managers
• in-house counsel

ABOUT THE AUTHOR

Amy Watkins is an attorney and a legal analyst and professional writer. She specializes in translating complex laws, regulations, and court decision into plain English for compliance managers and mid-to-upper level administrative staff. Prior to become a full-time writer, Ms. Watkins was an attorney with the New Jersey office of Drinker, Biddle & Reath, LLP. While there she specialized in healthcare law with an emphasis in corporate and regulatory compliance. Ms Watkins received her law degree from Seton Hall University School of Law, and her undergraduate degree from Rutgers University.

TABLE OF CONTENTS:

PART I: INTRODUCTION TO NEGLIGENT CREDENTIALING

Chapter 1: Negligent credentialing lawsuits: history and explanation
Chapter 2: Distinguishing negligent credentialing claims from other theories of hospital liability
Chapter 3: Basic elements of a negligent credentialing claim

PART II: PREVENTION

Chapter 4: Effective strategies to limit liability
Chapter 5: Avoiding "negligent selection" claims: checklist for initial appointment
Chapter 6: Avoiding "negligent retention" claims: checklist for reappointment
Chapter 7: Common credentialing pitfalls
Chapter 8: Impaired physicians
Chapter 9: Credentialing challenges: new techniques and technologies
Chapter 10: Credentialing challenges: telemedicine

PART III: PREPARATION

Chapter 11: Responding to negligent credentialing lawsuits
Chapter 12: Use of experts

PART IV: PROTECTION

Chapter 13: Defenses
Chapter 14: Avoiding personal liability
Chapter 15: Common pitfalls that could impose additional liability

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