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Clinic SJ: Net Opinion/Felon Credentialing

Tuesday, August 8, 2017   (0 Comments)
Posted by: Tom Jensen
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Patient received electroconvulsive treatment by clinic doctors. He claimed a loss of cognitive abilities from the treatment and sued the clinic. An independent contractor physician who provided some of the ECT had a prior felony conviction for the sale of human tissue collected from autopsies. Clinic nevertheless granted him privileges after investigation; it claimed conviction did not automatically preclude his application per bylaws and state/federal law. President pardoned physician before patient was treated. Patient's expert claimed decision to grant privileges fell below the SOC, violated clinic bylaws, and "caused the onset or severe worsening of [patient's] dementia." Trial court granted SJ. In Topete v. Sutter Health Sacramento, 2017 WL 3273875 (Cal. App. Aug. 2, 2017) the appeals court affirmed. The "bald assertion of causation has no basis and is neither reasonable nor credible." Patient failed to explain how the physician's sale of tissue "has any connection with his purported professional negligence in conducting the ECT." As for the claim of lack of informed consent, it too was lacking because patient did "not cite to any evidence that he would have decided against receiving the ECT if that information had been shared." Regardless, patient's record failed to show how "the alleged failure to share information caused his injuries."   

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