“Hospital’s Duty to Ensure Competency”

1) Read the case study, “Hospital’s Duty to Ensure Competency” on pages 183-184 in the textbook.

 

2) Write a paper (1,250-1,500 words) that addresses the case study’s two Discussion prompts. Include a detailed rationale for your answers.

 

3) Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

 

 

 

 

 

Case Study 

 

 

 

 

 

Citation: Candler Gen. Hosp., Inc. v. Persaud,

 

442 S.E.2d 775 (Ga. Ct. App. 1994)

 

Facts

 

On or about February 15, 1990, the patient in this case was referred to Dr. Freeman for consultation and treatment of gallstones. Freeman recommended that the patient undergo a laparoscopic laser cholecystectomy procedure.On February 16, 1990, Freeman requested and

 

was granted temporary privileges to perform the

 

procedure. The privileges were granted based on

 

a certificate he had received after completing a laparoscopic

 

laser cholecystectomy workshop, which

 

he took on February 10, 1990. Freeman performed

 

the cholecystectomy on February 20, 1990, with

 

the assistance of Dr. Thomas.

 

A complaint by the administrator of the patient’s

 

estate, supported by an expert’s affidavit, alleged that

 

the cholecystectomy was negligently performed, and

 

as a result, the patient bled to death. The complaint

 

charged the hospital with negligence in permitting

 

Freeman to perform the procedure on the decedent

 

without having instituted any standards, training requirements,

 

or “protocols,” or otherwise

 

instituted any

 

method for judging the qualifications of a surgeon to

 

perform the procedure. The complaint also alleged that

 

the hospital knew or reasonably should have known

 

that it did not have a credentialing process that could

 

 

 

have assured the hospital of the physicians’ education,

training, and ability to perform the procedure.

The trial court denied the hospital’s motion for summary

judgment, finding that the plaintiffs’ evidence

was sufficient to raise a question of fact regarding

whether surgical privileges should have been issued

by the hospital to Freeman. The hospital appealed.

Issue

Was there a material issue of fact as to whether

the hospital was negligent in granting the specific

privileges requested by Freeman?

Holding

The Georgia Court of Appeals held that there

was a material issue of fact as to whether the hospital

was negligent in granting the specific privileges

requested, thus precluding summary judgment.

Reason

The court found that a hospital has a direct and

independent responsibility to its patients to take reasonable

steps to ensure that physicians using hospital

facilities are qualified for the privileges granted. The

hospital owed a duty to the plaintiffs’ decedent to act

in good faith and with reasonable care to ensure that

the surgeon was qualified to practice the procedure

that he was granted privileges to perform.

Discussion

  1. Describe the credentialing issues in this case.
  2. Discuss what steps a hospital should take to

help ensure that a physician is competent to

perform the procedures he or she is requesting

 

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