Legal Question in Health Care Law in California

Do California Hospitals have a corporate due diligence to verify the credentials of their tenants, who are independent contractors that sublet and practice in office space within their hospital? Would a hospital be liable for allowing a criminal without credentials to practice on the hospital grounds for over a decade, while defrauding and abusing hundreds of patients throughout the years of intentional misrepresentation?

Thank you,

Confused about the Standard of Patient Care in CA Hospitals


Asked on 7/08/11, 11:39 am

1 Answer from Attorneys
Isi Mataele 'Isi Mataele Attorney at Law

you could argue it both ways. They technically are only contracting to provide the facilities as you chose the doctor. They had not duty to you unless they were referred by the hospital. I think it is weak to argue that the facilities imply a warranty regarding the person that rented it.

I also could see that MD's are required to do a residency and properly credentialed to use the facilities and using it implies. So it could go either way but I think duty is weak.

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Answered on 7/11/11, 8:53 pm


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