In First of its Kind Decision Hospital Can’t Avoid Liability
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In First of its Kind Decision Hospital Can’t Avoid Liability

Heirs of a deceased patient sued the hospital alleging medical malpractice and negligent credentialing. On appeal from the denial of the hospital’s summary judgment, the Fifth Circuit held as a matter of first impression that the qualified immunity provisions of the federal Health Care Quality Improvement Act and a Louisiana statute governing peer review committee records do not provide hospitals with immunity in suits by patients alleging causes of action arising from negligent credentialing of a healthcare professional. The Court rejected the hospital’s attempt to shield itself from a patient’s negligent credentialing claim.

Tebault v East Jefferson General Hospital