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Proving negligent credentialing in court: overcoming a hospital's presumption of innocence, P.2

Last time, we took a brief look at Ohio's negligent credentialing statute and the requirements it sets forth regarding proof of negligent credentialing. As we noted, hospitals are presumed to have done their due diligence in matters of provider credentialing in certain circumstances unless it can be proven otherwise by contrary evidence.  

Negligent credentialing claims typically are not pursued in isolation. Usually, they are connected to legal action taken against a particular physician accused of negligence in some matter. Hospitals are well aware of the potential costs of negligent credentialing claims and progressive health care systems will follow best practices to protect themselves from liability. 

Hospitals can take a number of steps to ensure they do due diligence with regard to credentialing. These steps may include things like: conducting criminal background checks; continually monitor staff on an ongoing basis; ensuring the credentialing process is in compliance with changing credentialing requirements; and monitoring the quality of a practitioner's care.

Because negligent credentialing can be so costly to an organization, hospitals have a lot of incentive to get it right. When they don't, it is important for patients who are harmed by the hospital's negligence to work with an experienced attorney to help them build a strong case to seek appropriate compensation. This is all the more important given that hospitals are in a better position than the average patient to defend their interests. A skilled attorney can help level the playing field to ensure that a negligent hospital isn't allowed to get away with wrongdoing when it comes to guaranteeing the credentials of the providers who bring profit to their business.

Source: The Precheck Blog, "6 Best Practices for Avoiding Negligent Credentialing," Dionne Austin, Jan. 28, 2015. 

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