South Dakota hospitals may soon be facing negligent credentialing lawsuits

A circuit court judge in South Dakota has ruled that hospitals that grant physicians privileges to practice medicine in their facilities can be sued if they acted in bad faith or were unreasonable in granting those privileges, according to the Argus Leader.

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The ruling, which could be appealed in state supreme court, sets the stage for South Dakota to join at least 30 other states that recognize the tort known as negligent credentialing.

Circuit Court Judge Bruce Anderson made his ruling in a case brought by three dozen plaintiffs who are suing Allen Sossan, MD, a spine surgeon who had surgical privileges at Avera Sacred Heart and Lewis & Clark Specialty Hospital, both in Yankton, S.D. In their lawsuit, the plaintiffs claim Dr. Sossan got credentials even though the medical community in Yankton knew he had lost credentials at a hospital in Norfolk, Neb.

The plaintiffs are also suing both hospitals and the physicians on their credentialing committees.

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