A recent article related the story of an orthopedic surgeon who is being sued for causing hundreds of serious injuries. Over a period of time, he had started showing signs of a progressive neurological disorder. The surgeon was slurring his words, and had difficulty with balance, angry outbursts, and impaired judgment. A huge number of malpractice cases may result when doctors become mentally disabled but the powers that be do not do anything about it.

Other medical staff were aware of the doctor’s deteriorating condition over a period of four years, but no one wanted to take specific action. Eventually, the doctor was diagnosed with progressive supranuclear palsy and the hospital took away his privileges. 

Over 350 lawsuits have been filed, and another 100 are expected, with the doctor, his clinic, and the hospital where he practiced named as defendants. Exactly when hospital personnel became aware of the problems will be an issue with regard to the claims against the hospital. However, several physicians and nurses had voiced concerns about the doctor’s ability to practice medicine, but the hospital will claim they were not made aware of the problem.

Given the number and seriousness of the claims, it is unlikely the doctor and his clinic would have adequate malpractice coverage for all of the claims. Thus, from the perspective of the patients and their attorneys, it will be important to establish shared liability by the hospital. 

Unless the doctor is an employee of the hospital, it is possible the claims against the hospital will be based on improper “credentialing.” When a hospital grants permission for a doctor to treat patients at the hospital, it goes through a procedure in which a committee reviews the doctor’s credentials to be granted such privileges. Most hospitals have a process to periodically review the doctor’s credentials, and in doing so it must take into account any information it has about problems experienced by the doctor. As long as it maintains the doctor’s admitting privileges, it is allowing the doctor to treat patients in the hospital and may be jointly responsible for a patient’s injuries if the doctor is negligent.