Disruptive Physicians: Minimizing Liability for Negligent Credentialing, Poor Quality of Care, and Physician Conduct

Disruptive physician behavior can become a problem for healthcare facilities in the credentialing process when red flags suggest a physician's past behavior problems. It creates challenges in the peer-review process when there are allegations that a physician with staff privileges engaged in unacceptable behavior. What contractual language should be included in employment or independent contractor agreements to minimize the risk of disruptive behavior? What provisions and processes can hospitals include in the bylaws to help prevent and deal with disruptive behavior?

Physicians exhibiting disruptive behavior often defend their conduct as being done out of concern for patients. Several courts have expressly acknowledged that a physician's disruptive conduct can harm overall patient care. Further, the Joint Commission requires hospitals to address disruptive behavior by physicians and other staff members to maintain accreditation.

Counsel can guide healthcare facilities in both proactively planning and quickly reacting when dealing with a disruptive physician to minimize liability and maintain a facility's accreditation.

Listen as our authoritative panel examines the impact of disruptive physicians and what healthcare facilities can do in the recruitment, credentialing, and peer review processes to anticipate and minimize liability due to physician lawsuits, claims of poor quality of care, and claims of negligent credentialing.