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S M Blaes

Publications and source records attributed to S M Blaes.

18 recordsLinked to original sources
PubMed1990

Effective physician credentialing. Properly monitoring medical staffs can protect hospitals from liability.

Healthcare facilities today are finding themselves increasingly liable in malpractice suits if they have hired incompetent physicians or allowed them to remain on the medical staff. Thus appropriate processes for physician credentialing are important. The hospital medical staff has the authority to evaluate medical staff membership status and clinical privileges and to take disciplinary and corrective action. If the medical staff fails to do its job, however, the hospital governing board is responsible for making sure the credentialing process is carried out properly. The same rules apply to the reapplication process. The hospital must associate its credentialing process with its prevailing concern for high-quality patient care and document that ideal. Preservation of market share and elimination of competition must never enter into the credentialing process. Well-framed hospital bylaws will help provide protection from liability, if they are followed correctly. If a hospital deviates from its bylaws when processing an application or granting clinical privileges, it risks a lawsuit. Congress has passed the Health Care Quality Improvement Act of 1986-an act that not only protects patients from incompetent practitioners but also can help limit facility's risk of liability by requiring facilities and third-party payers to report any adverse actions taken against physicians. The National Practitioner Data Bank is an information clearing-house opened in September 1990 that hospitals must use to report and obtain professional information about physicians.

Constitution and Bylaws↗
PubMed1980

What you need to know about D & O liability insurance.

In response to trustees' concerns about a liability insurance crisis and about their own personal liability, many hospitals are purchasing directors and officers (D & O) liability insurance for their board members. This article describes the coverage that D & O policies should provide, lists the kinds of claims that are made against hospital trustees and officers, and suggests the need for preventive measures to reduce liability exposure.

Governing Board↗
PubMedDate not supplied

New legal standards for trustee performance.

Until recently, trustees who acted "in good faith" were not held personally liable for mistakes in judgment. But in two recent cases--Smith v. Van Gorkom and Hanson Trust PLC v. MLSCM Acquisition, Inc.--the courts found directors liable for making hasty, ill-informed decisions regarding ownership issues. The rulings said that when boards make major decisions, they must be able to demonstrate that they approved a fair transaction. They can do this by consulting with senior management and corporate counsel and, if needed, with independent authorities. Boards should obtain pertinent documents to review before making a decision and should have ample time to obtain necessary data. Meeting minutes should document these precautions. In their rulings, the courts did not second-guess the boards' business judgment. Rather, they found that the unprepared directors acted so quickly that they could not have made an intelligent decision. The rulings convey a commonsense message: Trustees who exercise authority without adequate information risk damaging the corporation and its services. As trustees attempt to fulfill their legal obligation to probe and question before approving major actions, tensions with management may arise. Boards and corporate officers, however, must find ways to reach corporate consensus on important decisions while maintaining an appropriate division of authority.

Delaware↗