Can a Hospital Be Liable for Allowing an Underqualified Doctor to Perform a Procedure?

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Can a Hospital Be Liable for Allowing an Underqualified Doctor to Perform a Procedure?

Yes, a hospital can be liable for allowing an underqualified doctor to perform a procedure. This usually falls under a legal theory called negligent credentialing, which holds hospitals responsible for carelessly granting or renewing a doctor’s privileges.

Minneapolis is known for its strong healthcare industry, with major hospitals, research centres, and teaching programs throughout the city. Patients from across the region travel there for surgeries and specialized treatment.

When a hospital procedure goes wrong, many patients speak with medical malpractice attorneys in Minneapolis to learn whether the hospital shares blame with the doctor. The answer often depends on how the doctor was approved to perform that procedure.

How Hospitals Approve Doctors for Procedures

Before a doctor can treat patients at a hospital, the hospital must review their qualifications. This process is called credentialing, and it leads to privileges that list the procedures the doctor may perform.

Under 42 C.F.R. § 482.22, hospitals that take part in Medicare must have their medical staff examine each candidate’s credentials. The governing body then decides which privileges to grant.

Hospitals must also check the National Practitioner Data Bank when granting or renewing privileges. Under 42 U.S.C. § 11135, a hospital that fails to check is presumed to know what the data bank would have shown.

When a Hospital Can Be Held Responsible

A hospital is not automatically liable every time a doctor makes a mistake. Liability usually depends on what the hospital knew or should have known.

A hospital may be responsible when it:

• Granted privileges for a procedure the doctor was not trained to perform
• Ignored past malpractice claims, license discipline, or complaints
• Failed to verify board certification, education, or experience
• Renewed privileges without reviewing poor outcomes
• Let a doctor perform procedures outside their approved privileges

Other Ways a Hospital May Share Liability

Negligent credentialing is not the only path to holding a hospital accountable. The doctor’s relationship with the hospital also matters.

Employed Doctors

If the doctor is a hospital employee, the hospital is usually responsible for that doctor’s negligence on the job. This rule is known as vicarious liability, and it applies even when the hospital did nothing wrong in hiring.

Independent Contractors

Many surgeons are independent contractors rather than employees. A hospital may still be liable if it led patients to reasonably believe the doctor worked for the hospital. Hospital signs, staff badges, and consent forms often shape that belief.

What You Must Prove

A negligent credentialing claim has two parts. Both must be shown for the case to succeed.

First, the hospital failed to use reasonable care in reviewing or approving the doctor. Second, the doctor’s lack of qualifications actually caused the patient’s injury.

No hospital is liable simply because a qualified doctor made an error. The case depends on showing that better screening would likely have prevented the harm.

Evidence That Supports a Claim

These claims depend on records that show what the hospital knew. Useful evidence often includes:

• The doctor’s privilege application and approval records
• Training certificates and board certification status
• Prior malpractice lawsuits or settlements
• State medical board disciplinary history
• Expert testimony on whether the doctor was qualified

Peer review records may be protected from disclosure in some cases, which can make gathering strong proof more difficult.

Key Takeaways

• Hospitals can be liable for letting underqualified doctors perform procedures.
• Negligent credentialing focuses on how the hospital approved the doctor.
• Hospitals must review credentials and check the National Practitioner Data Bank.
• Hospitals are usually responsible for negligence by employed doctors.
• A claim requires proof that the hospital’s failure caused the injury.
• Privilege records and disciplinary history are key evidence.