Negligent Credentialing: State Statute’s Cap Limiting Damages Does Not Apply, State High Court Rules

​The Supreme Court of Louisiana, in a case of first impression, concluded that a claim against a hospital for negligent credentialing asserted in a malpractice lawsuit involving alleged negligent patient care is a claim for "general negligence" and not a claim for "malpractice." Thus, the court concluded, the negligent credentialing claim falls outside the Louisiana Medical Malpractice Act (LMMA) and is not subject to its statutory cap limiting damages.

The complaint, filed by the parents of a woman with Down syndrome who took their daughter to the emergency department (ED), alleged that a physician working as an independent contractor in the hospital's ED was negligent in treating the patient. The plaintiffs also alleged that the hospital was negligent in failing to fulfill...