Darling v. Charleston Memorial Community Hospital - correct answer Hospital liable for negligent treatment resulting in amputation of teenager's leg.
... [Show More] Nurses failed to monitor; physician failed to consult; hospital claimed that charitable immunity doctrine limited damages to its insurance Failure to proper supervision; Case set aside the Charitable Immunity Doctrine
Johnson v. Misericordia Community Hospital - correct answer Hospital liable to patient injured by physician who failed to disclose pending malpractice cases and lied about privileges at other hospitals; hospital should have verified information Negligent credentialing; Failure of initial credentialing process
Elam v. College Park Hospital - correct answer Hospital liable for podiatrist's negligence; hospital failed to obtain malpractice claims data although medical records department aware of claims Negligent Credentialing
Patrick v. Burget - correct answer Physicians conducted peer review for anti-competitive reasons liable for violating federal anti-trust laws. Anti-competitive peer review; HCQIA; Violation of Federal Antitrust Laws
Robinson v. Magovern - correct answer MD brought antitrust suit because he was denied privileges. Hospital did this based on shortage of OR space, unfavorable recommendation, failure to publish, MD on seven other staffs and would probably not be able to contribute to hospital teaching program. Hospitals may determine proper limitation on competition within the hospital and surrounding areas - careful and thorough adherence to bylaws that contain objective criteria required. Denial of application is not a restraint of trade
Miller v. Eisenhower Medical Center - correct answer Denial of application based on inability to work with others; no quality of care problems. Disruptive behavior must be related to patient care
Rao v. Auburn General Hospital - correct answer Hospital denied privileges to MD after receiving reports from other hospitals on termination/restriction of privileges. Other hospitals also reported substandard work and emotional instability. Disruptive behavior may be considered if it affects ability to practice or hospital operations - personality problems must affect the workings of the hospital.
Boyd v. Albert Einstein Medical Center - correct answer IPA-type HMO advertised as providing medical care held liable for member MD's negligence Ostensible agency; MCO liable for practitioner's action
Harrell v. Total Health Care, Inc. - correct answer State law granted immunity to non-profit health plans; MCO not liable for negligent credentialing Negligent credentialing; failure to credential
McClellan v. Health Maintenance Organization of Pennsylvania - correct answer MCO liable for provider's action Duty to select and monitor providers; negligent credentialing; ostensible agency
Mathews v. Lancaster General Hospital - correct answer Committee including competitors found substandard care; outside consultant agreed; surgeon challenged summary judgment applying HCQIA immunity; HCQIA presumption of good faith upheld. HCQIA burden on physician to prove bad faith peer review
Bell v. Sharp Cabrillo Hospital - correct answer Hospital liable for physician's actions due to its failure to request data from other hospital about basis for its summary suspension. No deficiencies had occurred at Sharp Cabrillo. Negligence in reappointment; negligent credentialing
Hongsathavij v. Queen of the Angels Hollywood Presbyterian Hospital - correct answer Physician taken off back-up panel for failing to accept patient; board overturned hearing committee recommendation to reinstate call panel membership due to lack of substantial evidence Governing Body is ultimate authority
Mahmoodian v. United Hospital Center - correct answer Hospital can revoke otherwise competent physician's privileges when physician's disruptive behavior may adversely affect patient care Disruptive Behavior
Oskooki v. Fountain Valley Regional Hospital and Health Center - correct answer Ophthalmologist did not disclose all prior hospital affiliations on application; Hospital's summary suspension upheld Failure to disclose
Webman v. Little Company of Mary Hospital - correct answer Physician refused to authorize release of information by prior hospital; new hospital denied application; court held for hospital Duty to credential; reasonable application requirements; burden of Proof
Kadlec v. Lakeview Anesthesia Associates and Lakeview Medical Center - correct answer Hospital granted privileges to an anesthesiologist, Dr. Berry, who had a history of substance abuse and performance issues. Negligence severely injured a patient resulting in a multi-million dollar lawsuit against the hospital. Hospital sued anesthesia group for not disclosing information. Reference letters from Berry's former partners were false and patently misleading, leading to liability on their part. Hospital did not have a legal duty to disclose its investigation of Dr. Berry and it's knowledge of his drug problems
Frigo vs. Silver Cross Hospital - correct answer Patient alleged that podiatrist negligence in performing bunionectomy. Podiatrist did not meet initial or revised criteria for Level II surgical privileges, but was granted privileges regardless. No grandfathering, Frigo claimed hospital's breech of duty caused her amputation because of Dr. Kirchner's negligence. Doctrine of corporate negligence; negligent credentialing; breach of duty [Show Less]