Frigo v. Silver Cross Hosp.

NEGLIGENT CREDENTIALING/PODIATRIST/PEER REVIEW PRIVILEGE

Frigo v. Silver Cross Hosp., No. 1-05-1240 (Ill. App. 1 Dist. July 26, 2007)

In this negligent credentialing case, the Appellate Court of Illinois affirmed the judgment of the trial court and upheld a jury verdict awarding a patient damages in her suit against a hospital. The patient alleged that the hospital, contrary to its bylaws and Joint Commission standards, granted surgical credentials to a podiatrist who negligently operated on her foot resulting in its eventual amputation.

The court noted that the physician was credentialed by the hospital in 1992 for category II surgical privileges even though he had not completed a surgical residency or board certification, as required by the hospital bylaws at the time. The hospital amended its bylaws in 1993 and instituted more stringent requirements for category II surgical privileges. Despite this, the hospital recredentialed the podiatrist in 1998. The hospital acknowledged that the podiatrist did not meet the amended requirements but claimed that he was eligible for the credentialing because of "grandfathering." However, the hospitals bylaws did not provide for "grandfathering."

In light of this evidence, the court concluded that the applicable standard of care had been demonstrated and that there was sufficient evidence for the jury to conclude that the standard was breached by the hospital. The court also found that the patient’s claim was not barred by the statute of limitations because the original complaint provided the hospital with the essential information it needed to prepare a defense for the more specific and detailed allegations in the amended complaint (filed after the statute of limitations had run). Finally, the court held that the Medical Studies Act, which prohibits the discovery of information used for internal quality control, did not prevent the introduction of evidence about what the hospital’s Credentials Committee reviewed when deciding to grant privileges.