NEGLIGENT CREDENTIALING

Pages-Ramirez v. Hosp. Espanol Auxilio Mutuo de Puerto Rico, Inc., Civil No. 07-1407 (JP) (D.Puerto Rico Apr. 7, 2008)

The United States District Court for the District of Puerto Rico denied a motion for summary judgment by a hospital and its insurance company in a medical malpractice action brought by the parents of a child who suffered severe injuries during birth. The court held that a hospital could be found liable for the medical malpractice of a medical staff physician with clinical privileges if the hospital does not uphold its "obligation to maintain and enforce high standards of practice for the physicians granted the right to use the facilities." The court also concluded that the hospital could not avoid liability for the possible negligence of its nurses by claiming that the nurses were only following orders of a physician, who was allegedly solely liable for the damages.