May Patient Sue Hospital For Negligent Credentialing Without First Establishing Doctor’s Negligence?
Loretta Schelling v. Stephen Humphrey, M.D. [Community Hospitals of Williams County], Case no. 2007-2202 6th District Court of Appeals (Williams County) ISSUE: Can a patient assert a justiciable claim against a hospital for negligent credentialing of a physician without first obtaining a direct finding, either by adjudication, admission or stipulation, that the physician acted negligently in providing medical care to the patient? BACKGROUND: Loretta Schelling of Bryan filed a civil suit in 2005 asserting claims against Dr. Stephen Humphrey for alleged negligence in performing two surgeries on her feet and against Community Hospitals of Williams County for alleged negligence in credentialing Dr. Humphrey to perform surgeries as a non-employee staff physician. The claims against Dr. Humphreys and Community Hospitals were subsequently severed by the trial court for separate adjudication. While both cases remained pending, Humphreys declared bankruptcy. Schelling entered into an agreement
