Helfers-Beitz v. Degelman (Summary)
NEGLIGENT CREDENTIALING
Helfers-Beitz v. Degelman, No. 3-10-0149 (Ill. App. Ct. Dec. 14, 2010)
An Illinois appellate court affirmed a lower court’s order granting summary judgment to a defendant hospital in a patient’s suit alleging that the hospital negligently hired, retained, supervised, and credentialed one of its physician-employees. The patient claimed that the physician had engaged in sexual misconduct during two office appointments and that the hospital knew or should have known that he had been accused of sexual harassment and assault and battery against a patient during his previous employment.
The appeals court upheld summary judgment on the negligent hiring claim, finding that the plaintiff failed to establish that the credentialing procedures followed by the defendants – use of a local medical society’s credentials verification organization (which apparently did not contact the previous employer), review of the physician’s curriculum vitae, verification of medical license and malpractice insurance, review of reference letters and an interview with the physician – were unreasonable or a breach of a standard of care. The court also held that the plaintiff failed to produce facts that the defendants knew or should have known of the physician’s past misconduct. Because there was no underlying medical malpractice claim – an essential element for a negligent credentialing claim in Illinois – summary judgment was upheld on that claim. Finally, the court ruled that the hospital was not liable for the sexual misconduct of its physician-employee under the doctrine of respondeat superior because such acts were not performed on behalf of the employer, and therefore did not fall within the scope of the physician’s employment.