Utah Supreme Court Expressly Recognizes the Cause of Action for Negligent Credentialing Against Health Care Providers
May 14th, 2010 1:05 pm | by Kenneth Reich | in In The News
In Archuleta v. St. Mark’s Hospital, the Utah Supreme Court, in a 4-2 opinion released today, overturned a district court decision which had determined that Utah Code sections 58-13-5(7), 58-13-4, and 26-25-1 do not bar negligent credentialing claims brought against health care providers. The court analyzed each code section and found that the Utah Legislature did “not intend to immunize negligent credentialing claims brought by patients” and “expressly h[e]ld that negligent credentialing is a valid common-law cause of action in Utah.” If you ever had any question about this before, you should have none now.
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