CPMSM questions with verified solutions with verified solution 2023/2024

CPMSMDarling v. Charleston Memorial Community Hospital - correct answer Failure to have proper supervision; Case set aside the Charitable Immunity Doctrine. Hospital liable for negligent treatment resulting in amputation of teenager's leg nurses failed to monitor; physician failed to consult; hospital claimed that charitable immunity doctrine limited damages to its insurance. Johnson v. Misericordia Community Hospital - correct answer Negligent credentialing; Failure of initial credentialing process. Hospital liable to patient injured by physician who had failed to disclose pending malpractice cases and lied about privileges at other hospitals; should have verified information. Elam v. College Park Hospital - correct answer Negligent Credentialing Hospital liable for podiatrist's negligence; failed to obtain malpractice claims data although medical records department aware of claims. Podiatrist. Patrick v. Burget - correct answer Anti-competitive peer review; HCQIA; Violation of Federal Anti-trust Laws Physicians conducted peer review for anti-competitive reasons liable for violating federal anti-trust laws. Robinson v. Magovern - correct answer Hospitals May Determine Proper Limitation on Competition Within the Hospital and Surrounding Areas - careful and thorough adherence to bylaws that contain objective criteria required. Denial of application is not a restraint of trade. MD brought antitrust suit because he was denied privileges. Hospital did this based on shortage of OR space, unfavorable recommendation, failure to publish MD on seven other staffs and would probably not be able to contribute to hospital teaching program. Miller v. Eisenhower Medical Center - correct answer Disruptive Behavior Must be Patient Care Related Denial of application based on inability to work with others; no quality of care problems. Rao v. Auburn General Hospital - correct answer Disruptive Behavior. Personality May Be Considered If Affects Ability to Practice or Hospital Operations - personality problems must affect the workings of the hospital. Hospital denied privileges to MD after receiving reports from other hospitals on termination/ restriction of privileges. Other hospitals also reported substandard work and emotional instability Boyd v. Albert Einstein Medical Center - correct answer Ostensible agency; MCO liable for practitioners action. IPA-type HMO advertised as providing medical care held liable for member MD's negligence. Harrell v. Total Health Care - correct answer Negligent Credentialing; Failure to Credential State law granted immunity to non-profit health plans; MCO not liable for negligent credentialing. McClellan v. Health Maintenance Organization of Pennsylvania - correct answer Duty to select and monitor providers; Negligent Credentialing; Ostensible Agency. MCO liable for provider's action. Dr. Hempsey discarded the mole without obtaining a biopsy or other histological exam Mathews v. Lancaster General Hospital - correct answer HCQIA burden on physician to prove bad faith peer review.