Hospital Credentialing Dispute

Hospital Credentialing Dispute

Hospital Credentialing Dispute

Credentialing disputes involve challenges to privileging decisions, typically alleging that the hospital failed to follow its medical staff bylaws, acted in bad faith, or was motivated by economic rather than quality concerns.

Bylaws generally establish an internal hearing process before litigation.

Alternative Names:

Credentialing Dispute, Privileges Dispute

Why it Matters?

Exhaustion of the bylaws process is a threshold requirement in most jurisdictions, which means a physician who files suit without completing the internal hearing faces dismissal. The economic credentialing theory, alleging that competitive rather than quality concerns drove the decision, is the recurring substantive claim. Immunity under the Health Care Quality Improvement Act is the hospital's principal defense where the process requirements were met.

Frequently Confused with

Related terms

Frequently asked questions

Must the bylaws process be exhausted first?

Must the bylaws process be exhausted first?

In most jurisdictions yes, and a physician filing suit without completing the internal hearing faces dismissal for failure to exhaust.

What is economic credentialing?

What is economic credentialing?

The theory that competitive or financial concerns rather than quality of care motivated the privileging decision, which if proven can defeat immunity.