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Keywords

negligence
negligence

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Johnson v. Misericordia Community Hospital, 99 Wis.2d 708, 301 N.W.2d 156

Facts

James Johnson underwent a surgical procedure at Misericordia Community Hospital performed by Dr. Lester V. Salinsky, which resulted in permanent damage to his right thigh muscles. Johnson filed suit against both Salinsky and the hospital, alleging negligence in the hospital's selection of Salinsky and in granting him orthopedic surgical privileges. The hospital failed to properly investigate Salinsky's qualifications, despite evidence of his questionable competence and prior restrictions on his surgical privileges at other hospitals.

The hospital was negligent: “(a) by being imprudent and careless in its selection of Lester V. Salinsky as a member of its staff; (b) in allowing Lester V. Salinsky to perform orthopedic surgery within its operative facilities when it knew, or should have known, that Lester V. Salinsky was not qualified to perform such diagnostic and operative procedures; (c) in failing to investigate the abilities and qualities of Lester V. Salinsky's capabilities in orthopedic care when said hospital knew, or should have known, that he did not possess such proper capability.”

Issue

Does a hospital owe a duty to its patients to use due care in the selection of its medical staff and the granting of specialized surgical privileges?

Does a hospital owe a duty to its patients to use due care in the selection of its medical staff and the granting of specialized surgical (orthopedic) privileges?

Rule

A hospital has a duty to exercise reasonable care in permitting only competent medical doctors to use its facilities, and this includes investigating the qualifications of medical staff applicants.

A hospital has a duty to exercise reasonable care to permit only competent medical doctors the privilege of using their facilities.

Analysis

The court found that Misericordia Community Hospital did not exercise due care in investigating Dr. Salinsky's qualifications before granting him orthopedic surgical privileges. The evidence showed that the hospital failed to contact references and did not have a functioning credentials committee to evaluate Salinsky's application. Had the hospital conducted a proper investigation, it would have discovered Salinsky's lack of qualifications and prior issues with his surgical privileges.

The record demonstrates that had the executive committee of Misericordia, in the absence of a current credentials committee, adhered to the standard and accepted practice of investigating a medical staff applicant's qualifications and thus examined Salinsky's degree, post graduate training, and contacted the hospitals referred to in his application, it would have found, contrary to his representations, that he had in fact experienced denial and restriction of his privileges.

Conclusion

The Supreme Court affirmed the lower court's judgment, holding that the hospital was negligent in granting surgical privileges to Dr. Salinsky and that this negligence was a substantial factor in causing Johnson's injuries.

Affirmed.

Who won?

James Johnson prevailed in the case because the court found that Misericordia Community Hospital failed to exercise reasonable care in the appointment of Dr. Salinsky, leading to his injuries.

The jury found that the hospital was negligent in granting orthopedic surgical privileges to Dr. Salinsky and thus apportioned eighty percent of the causal negligence to Misericordia.

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