SIOUX FALLS, S.D. (AP) - A circuit court judge in South Dakota says health providers can be sued for failing to properly credential doctors, and that members of credentialing committees also can be held liable.
The ruling by First Judicial Circuit Judge Bruce Anderson sets the stage for South Dakota to join at least 30 other states allowing lawsuits under “negligent credentialing,” the Argus Leader reported (https://argusne.ws/1ibj0bv ). The goal is to boost patient safety.
The ruling comes in a case in which three dozen plaintiffs are suing a spine surgeon who practiced in Yankton, along with two medical facilities and doctors on the credentialing committees.
Plaintiffs claim the surgeon got credentials because he could generate profits for the facilities, despite officials knowing he lost credentials at a Nebraska hospital and had past problems.
Anderson also ruled that a statute allowing medical peer review committees to keep their findings and materials private is not an absolute privilege. Such committees operate in secrecy under South Dakota law, and medical malpractice plaintiffs can’t access their materials.
The peer review process is meant to lead to greater patient safety by letting committee members speak freely without concern of it being used in lawsuits. But critics say this allows medical professionals to hide their mistakes. Anderson noted other privileges, such as spousal privilege, are not absolute.
Anderson’s ruling can be appealed to the state Supreme Court.
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Information from: Argus Leader, https://www.argusleader.com
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