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9/27/2017 » 9/29/2017
2017 PLDF Annual Meeting

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Max J. CohenLowe, Stein, Hoffman Allweiss & Hauver, LLP New Orleans, LA
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Physician Settlement Precludes Entity Credentialing Claim

Tuesday, June 13, 2017   (1 Comments)
Posted by: Tom Jensen
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Patients sued physician, physicians group and medical center for alleged negligence in performing bariatric surgery. Patients settled with physician per a stipulation allowing claims against the entity defendants to continue except for any claims relating to vicarious or derivative liability for the physician's conduct. A question then arose whether the negligent credentialing/hiring/supervision claim fell within the vicarious liability claim bar. Patients claimed those claims were independent negligence claims that fell outside the vicarious/derivative liability bar. Trial court dismissed the claim and in Kopp v. Physician Group of Arizona, Inc., 2017 WL 2470826 (Ariz. App. June 8, 2017) the court affirmed. It noted that per the settlement agreement plaintiffs agreed that no wrongdoing on the part of the physician "is implied or should be inferred" by the agreement. Finding that the "claims that Defendants negligently credentialed, hired, or supervised Dr. Schlesinger were all predicated on—and therefore derivative of—the negligence of Dr. Schlesinger" the court ruled the claims did not survive the settlement.   

Comments...

Stephen B. Sambol says...
Posted Monday, June 19, 2017
I would be interested in knowing why there was no effort made my the Plaintiff's attorney to specifically exclude the credentialing claim in the settlement agreement. Was this just an honest mistake or was this an attempt to try to pull one over on the hospital.

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