Lake Cumberland Regional Hospital, LLC v. Adams, 536 S.W.3d 683 (Ky. 2017) Under the “negligent credentialing” doctrine, the plaintiff will prevail in a suit against hospital when: (1) the hospital owed the patient a duty to insure a competent medical staff; (2) the hospital breached that duty by granting privileges to an incompetent or unqualified physician; and (3) the physician caused harm to the patient (the underlying medical malpractice claim must be proved). The Kentucky Supreme Court refused to incorporate this doctrine into Kentucky law notwithstanding the fact that most hospitals are no longer charitable non-profit organizations that receive state funding. The Court reasoned that the “negligent credentialing” cause of action is unnecessary because of the broad avenue to sue hospitals for their doctors’ negligence on the grounds of vicarious liability / apparent authority.
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