THE KENTUCKY COURT OF APPEALS ADOPTS NEW TORT OF NEGLIGENT CREDENTIALING – 28 OTHER STATES HAVE ALREADY ADOPTED THIS TORT.
This new tort adopted by the Ct. of Appeals deals with a hospital’s hiring of a physician who has a history of medical license board sanctions.
COURT OF APPEALS DECISION 2009-CA-001595 TO BE PUBLISHED FROM HOPKINS CIRCUIT COURT – June 10, 2011
THE ESTATE OF JUDITH BURTON
THE TROVER CLINIC FOUNDATION, INC., ET AL.
”…we note that the tort of negligent credentialing has not been formally recognized in Kentucky.
At least 28 states recognize this cause of action and the parties in the matter sub judice proceeded under the assumption that negligent credentialing would be recognized in this Commonwealth.
We believe it is proper for this Court to now recognize the tort of negligent credentialing in Kentucky. See Oakley v. Flor-Shin, Inc., 964 S.W.2d 438, 441 (Ky.App. 1998) ((wherein this Court recognized the tort of negligent hiring in Kentucky).
In order to establish a prima facie case based on negligent credentialing (also known as negligent privileging) the plaintiff must prove:
1. The defendant hospital owed the patient a duty to insure a competent medical staff.
2. The hospital breached that duty by granting privileges to an incompetent or
3. The physician caused harm to the patient.
The underlying medical malpractice claim must be proved