G. Eric Nielson & Associates, LLC

In Utah, most physicians are not employed directly by hospitals. Instead, they are independent practitioners that enter professional service contracts with the hospital's corporate owners. Generally, because a doctor is not a hospital employee, the the corporations have no liability for the doctor's negligence. See generally Butterfield v. Okubo, 831 P.2d 97, 100 (Utah 1992).

Hospitals, however, have the responsibility to verify a physician's credentials before extending privileges. Significantly, an ongoing case in West Virginia might be the latest to recognize corporate liability of hospitals for negligently allowing incompetent or otherwise unqualified physicians to practice. The negligent credentialing of physicians is part of a growing problem with corporate mismanagement of health care, and may contribute to instances of medical malpractice.

The West Virginia case involves an injured patient's claims that a hospital's corporate parent, Hospital Corporation of America, Inc. ("HCA"), acted unreasonably by extending hospital privileges to a doctor with more than a hundred medical negligence claims against him. Locally, HCA and its corporate subsidiaries own and operate several hospitals, including St. Mark's Hospital, Ogden Regional Medical Center, and Timpanogos Regional Hospital.

If you or someone you love has been injured by a physician's medical malpractice, the hospital's corporate owners might be liable for granting privileges to the negligent doctor. The medical malpractice attorneys at G. Eric Nielson & Associates can speak with you directly and tell you if you have a negligent credentialing claim.

Labels: hospital liability, negligent credentialing