Clements v. MCV Associated Physicians,
No. LP 792-3 (Va. Cir. Ct. Nov. 7, 2002)

The estate of a patient who died following an aortic valve replacement sued the attending physician, the physician group that employed the physician, on the theory of negligent hiring, and the hospital that granted the physician clinical privileges on the theory of negligent credentialing. The Circuit Court of Virginia dismissed the negligent credentialing claim against the hospital after determining that the hospital did not have the right to exercise the type of control over the physician necessary to establish the master-servant relationship required in order to hold the hospital responsible for the physician's acts. The court also dismissed the negligent hiring claims against the physician group, holding that the patient's estate had been unable to establish that the group knew, or should have known, that the physician would commit wrongful acts or that his status as an employee created an unreasonable risk of harm to others.