Monday, January 09, 2006

Suits Against Health Care Employers

Publication Date: January 6, 2006
Source: Medical Malpractice Law & Strategy

"Medical Malpractice Law & Strategy:
Suits Against Health Care Employers"

"Negligent Hiring"

By Michael Brophy

"Liability claims against health care facilities, including hospitals and nursing homes, often include claims of negligent hiring, supervision and/or credentialing in addition to the "traditional" theories of medical malpractice litigation. For many years, state courts debated whether a hospital's alleged acts in credentialing physicians fell within the scope of the "treatment and care" of patients. While the majority of jurisdictions now appear to recognize private causes of action against a health care facility based upon alleged improper hiring, retention or credentialing of professional staff, there is no uniformly accepted standard of care nationwide. Accordingly, specialists and the occasional practitioner in this litigation field are equally well advised to monitor the developing common law of their jurisdiction in the litigation of cases presenting such claims..."