Case Law

Question 1

Darling vs. Charleston Memorial Community Hospital

Answer 1

Failure to have proper supervision. Case set aside the Charitable Immunity Doctorine.

Question 2

Johnson vs. Misericordia Community Hospital

Answer 2

Negligent credentialing. Failure of initial credentialing process.

Question 3

Elam vs. College Park Hospital

Answer 3

Negligent credentialing.

Question 4

Patrick vs. Burget

Answer 4

Anti-competitive peer review; HCQIA. Violation of Federal Anti-Trust Laws.

Question 5

Robinson vs. Magovern

Answer 5

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.

Question 6

Miller vs. Eisenhower Medical Center

Answer 6

Disruptive behavior must be related to patient care.

Question 7

Rao vs. Auburn General Hospital

Answer 7

Disruptive behavior may be considered if it affects ability to practice or hospital operations- personality problems must affect the workings of the hospital.

Question 8

Boyd vs. Albert Einstein Medical

Answer 8

Ostensible agency; MCO liable for practitioner’s action

Question 9

Harrell vs. Total Health Care, Inc

Answer 9

Negligent credentialing; failure to credential.

Question 10

McClellan vs. Health Maintenance Organization of Pennsylvania

Answer 10

Duty to select and monitor providers; negligent credentialing; ostensible agency

Question 11

Matthews vs. Lancaster General Hospital

Answer 11

HCQIA burden on physician to prove bad faith peer review.

Question 12

Bell vs. Sharp Cabrillo Hospital

Answer 12

Negligence in reappointment; negligent credentialing.

Question 13

Hongsathavij vs. Queen of the Angels Hollywood Presbyterian Hospital

Answer 13

Governing body is the ultimate authority.

Question 14

Mahmoodian vs. United Hospital Center

Answer 14

Disruptive behavior

Question 15

Oskooi vs. Fountain Valley Regional Hospital & Health Center

Answer 15

Failure to disclose.

Question 16

Webman vs. Little Company of Mary Hospital

Answer 16

Duty to credential; reasonable application requirements; burden of Proof

Question 17

Kadlec vs. Lakeview Anesthesia Associates & Lakeview Medical Center

Answer 17

Reference letters were false & misleading, leading to liability on their part. Hospital did not have a legal duty to disclose its investigation of Dr. Berry and its knowledge of his drug problems.

Question 18

Frigo vs. Silver Cross Hospital

Answer 18

Doctrine of corporate negligence; negligent credentialing; breach of duty.