Lake Cumberland Regional Hospital, LLC v. Adams
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Patients do not have a cause of action against a hospital for the negligent credentialing of a non-employee physician who is given staff privileges by the hospital because Kentucky law does not recognize the tort of negligent credentialing.
In these three consolidated cases, the trial courts ruled that Kentucky does not recognize the tort of negligent credentialing. The court of appeals ultimately recognized negligent credentialing as a separate cause of action in the Commonwealth. The Supreme Court disagreed with the court of appeals, holding that there was no need to establish the new tort of negligent credentialing specifically applying to hospitals. The court affirmed the court of appeals’ affirmance of summary judgment in one case and reinstated the order of the trial court and remanded the remaining cases to the respective trial courts for further proceedings.
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