Spalding v. Spring View Hosp., LLC — Mar. 2016 (Summary)

NEGLIGENT CREDENTIALING

Spalding v. Spring View Hosp., LLC
No. 2013-CA-000842-MR (Ky. Ct. App. Mar. 11, 2016)

The Court of Appeals of Kentucky consolidated three cases with similar claims of negligent credentialing.  Prior to these cases, the Commonwealth of Kentucky did not recognize the tort of negligent credentialing.  However, because the court saw no legal or policy-based argument persuasive enough to continue not recognizing the tort, it reasoned that it should recognize negligent credentialing as a cause of action and as a means by which individuals can hold hospitals liable for the hospital’s negligent extension or renewal of staff privileges and credentials to independent contractor physicians.

The first of the consolidated cases dealt with an orthopedic surgeon whose knee replacement surgery resulted in numerous complications for a patient. Here, the court affirmed summary judgment granted to the hospital because the patient failed to establish a proper standard of care and a deviation therefrom.

The second consolidated case dealt with the same orthopedic surgeon whose separate patient also experienced numerous complications after receiving knee surgery. Here, the court affirmed the denial of the hospital’s motion for summary judgment emphasizing that the statute of limitations did not bar the patient’s claims.

The final consolidated case dealt with a different surgeon and a patient whose spinal stabilization procedure resulted in complications. Here, the court reversed the circuit court’s dismissal of this patient’s negligent credentialing claim and remanded the case for further proceedings.