CPMSM - Key Credentialing Cases
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Darling 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.
UPDATED ACTUAL Exam Questions and
CORRECT Answers
Darling 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.
