Negligent Credentialing: Strategies for Reducing Hospital Risk

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Negligent Credentialing: Strategies for Reducing Hospital Risk

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Negligent Credentialing: Strategies for Reducing Hospital Risk

Todd Sagin, MD, JD 

With negligent credentialing claims on the rise, the pressure on MSPs and medical staff leaders to reduce legal vulnerabilities in their vetting and governance processes is higher than ever. Negligent Credentialing: Strategies for Reducing Hospital Risk provides the context and strategy necessary to tamp down risk and take appropriate action when good faith efforts fail to prevent litigation. Drawing on his extensive medicolegal background, author Todd Sagin, MD, JD, offers practical guidance, accessible case summaries, and customizable tools for understanding key negligent credentialing concepts, avoiding top pitfalls, and contesting allegations.

This book will help you: 

  • Understand why today’s healthcare climate is conducive to negligent credentialing suits 
  • Spot red flags in contemporary credentialing and privileging practices 
  • Fortify vetting processes with negligent credentialing–focused policies and procedures 
  • Prepare a swift and effective response should a negligent credentialing charge arise 


About the Author: 

Todd Sagin, MD, JD, is a physician executive recognized across the nation for his work with hospital boards, medical staffs, and physician organizations. He is the national medical director of Sagin Healthcare Consulting, LLC, and HG Healthcare Consultants, LLC, which provide guidance on a wide range of healthcare issues. He served for more than half a decade as the vice president and national medical director of The Greeley Company, Inc. Dr. Sagin is a practicing family physician and geriatrician who has held executive positions in academic and community hospitals and in organized medicine. He frequently lectures and facilitates retreats on medical staff affairs, physician leadership skills, relationships between hospitals and doctors, strategic healthcare planning, governance, and related topics. 

Published: September 2016

Page Count: 200
Dimensions: 8 1/2 X 11
ISBN: 978-1-68308-116-6

Table of Contents

Introduction: The Growth of Negligent Credentialing Litigation

Chapter 1: The Regulation of Practitioner Credentialing

  • Origins
  • Growing Legal Precedent
  • Accreditor Involvement
  • Payer Involvement
  • Influence of Federal Statutes and Regulations


Chapter 2:
The Negligent Credentialing Lawsuit: A History and Review of Current Status

  • The Deterioration of the Charitable Immunity Doctrine
  • Legal Recognition of Negligent Credentialing
  • Proving a Tort Claim
  • Vicarious Liability vs. Corporate Negligence
  • Typical Assertions in Negligent Credentialing Lawsuits
  • Negligent Credentialing and the Liability of Healthcare Management Companies


Chapter 3:
Minimizing the Risk of Negligent Credentialing Judgments

  • Guidance for Medical Staff Leaders and Committees
  • Guidance for Governing Board Members
  • Guidance for MSPs
  • Risk-Prone Moments in the Credentialing Process


Chapter 4:
Addressing Specific Drivers of Negligent Credentialing Litigation

  • Practitioners With a Malpractice History
  • Practitioners With a History of Unprofessional Conduct
  • Physicians With a History of Impairment
  • Practitioners Granted Temporary Privileges, Locum Tenens Positions, or Provisional Medical Staff Status
  • Privileging Nonphysician Practitioners
  • Privileging Practitioners for New Technology or Techniques
  • Privileging Telemedicine Practitioners


Chapter 5:
Avoiding Lawsuits Over NPDB Reporting of Credentialing Actions

Chapter 6: Managing Medical Staff Documents in Anticipation of Negligent Credentialing Lawsuits

  • Protecting Credentialing Files and Privilege From Discovery
  • The DOP Challenge


Chapter 7:
Handling a Negligent Credentialing Lawsuit

Appendix: Resources for Curtailing Negligent Credentialing Risk