Articles Posted in Negligent Credentialing

In this case before the U.S. District Court for the Northern District of Illinois, the Federal Rules of Civil Procedure were examined closely with respect to a subpoenaed nonparty deposition. The court stated that nonparties will be protected by undue burden and that, in weighing requests to depose nonparties, courts will consider four factors:

  1. The person’s nonparty status;
  2. Relevance of discovery sought;
  3. Need for discovery; and
  4. Breadths of the request.

In this case, the plaintiff Prabhjot Uppal graduated as a physician from Rosalind Franklin University of Medicine and Science in 2005.  He obtained a residency at Lutheran General Hospital in Park Ridge, Ill.

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The Illinois Supreme Court is about to entertain two cases that may have great impact on how medical-malpractice cases are handled. In the case of Klaine v. Southern Illinois Hospital Services, the state Supreme Court will decide whether  a doctor’s application for hospital privileges to practice at a particular hospital are privileged and cannot be produced in discovery.

In this case, Carol Klaine filed a medical-malpractice lawsuit against Dr. Frederick Dreesen claiming that she was injured after a colon surgery performed by the doctor. Klaine also filed a claim against Southern Illinois Hospital Services alleging negligent credentialing of Dr. Dreesen.

During the discovery process, Klaine wanted the documents that Dr. Dreesen submitted as part of his application for staff privileges at Southern Illinois Hospital. The documents requested included information about his work history, claims history and insurance history, as well as the history of decisions and recommendations on his prior applications for hospital privileges.

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