Larson v. Wasemiller

Negligent Credentialing

Larson v. Wasemiller, Nos. A05-1698, A05-1701 (Minn. Aug. 16, 2007)

The Supreme Court of Minnesota reversed a court of appeals decision and held that a claim of negligent credentialing does exist in Minnesota.

A patient claimed that a hospital was negligent in credentialing a physician who performed a gastric bypass surgery on her which resulted in complications and a second surgery. In ruling that a claim of negligent credentialing does exist in Minnesota, the court first determined that Minnesota’s peer review statute does not negate or abrogate such a cause of action. Even though the confidentiality provision of the peer review statute makes the proof of negligent credentialing claim more complicated, it does not preclude such a claim. The court also indicated that the liability provisions of the peer review statute do not materially alter the common law standard of care. The court then concluded that the tort of negligent credentialing is inherent in and the natural extension of well-established common law rights, as well as recognized as a common law tort by a substantial majority of other common law states. Lastly, the court found that the policy considerations of the tort of negligent credentialing outweigh the policy considerations reflected in the peer review statute because the latter policy considerations are adequately addressed by the preclusion of access to the confidential peer review materials. Accordingly, the decision of the court of appeals was reversed and remanded.