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1) Read the case study, “Hospital’s Duty to Ensure Competency” on pages 183-184 in the textbook.

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2) Write a paper (1,250-1,500 words) that addresses the case study’s two Discussion prompts. Include a detailed rationale for your answers.

3) Prepare this assignment according to the APA guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.

Case Study

Citation: Candler Gen. Hosp., Inc. v. Persaud,

442 S.E.2d 775 (Ga. Ct. App. 1994)


On or about February 15, 1990, the patient in this case was referred to Dr. Freeman for consultation and treatment of gallstones. Freeman recommended that the patient undergo a laparoscopic laser cholecystectomy procedure.On February 16, 1990, Freeman requested and

was granted temporary privileges to perform the

procedure. The privileges were granted based on

a certificate he had received after completing a laparoscopic

laser cholecystectomy workshop, which

he took on February 10, 1990. Freeman performed

the cholecystectomy on February 20, 1990, with

the assistance of Dr. Thomas.

A complaint by the administrator of the patient’s

estate, supported by an expert’s affidavit, alleged that

the cholecystectomy was negligently performed, and

as a result, the patient bled to death. The complaint

charged the hospital with negligence in permitting

Freeman to perform the procedure on the decedent

without having instituted any standards, training requirements,

or “protocols,” or otherwise

instituted any

method for judging the qualifications of a surgeon to

perform the procedure. The complaint also alleged that

the hospital knew or reasonably should have known

that it did not have a credentialing process that could

have assured the hospital of the physicians’ education,
training, and ability to perform the procedure.
The trial court denied the hospital’s motion for summary
judgment, finding that the plaintiffs’ evidence
was sufficient to raise a question of fact regarding
whether surgical privileges should have been issued
by the hospital to Freeman. The hospital appealed.
Was there a material issue of fact as to whether
the hospital was negligent in granting the specific
privileges requested by Freeman?
The Georgia Court of Appeals held that there
was a material issue of fact as to whether the hospital
was negligent in granting the specific privileges
requested, thus precluding summary judgment.
The court found that a hospital has a direct and
independent responsibility to its patients to take reasonable
steps to ensure that physicians using hospital
facilities are qualified for the privileges granted. The
hospital owed a duty to the plaintiffs’ decedent to act
in good faith and with reasonable care to ensure that
the surgeon was qualified to practice the procedure
that he was granted privileges to perform.
1. Describe the credentialing issues in this case.
2. Discuss what steps a hospital should take to
help ensure that a physician is competent to
perform the procedures he or she is requesting

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