2022 Ohio 4265
Ohio2022Background
- Raeann Walling, treated at Toledo Hospital by nonemployee Dr. Ransford Brenya for CPVT, underwent multiple cardiac ablations; postoperative pulmonary-vein stenosis went undetected and she later died.
- At trial Brenya conceded on cross-examination that he failed to review chest x-rays and therefore did not order a CT scan; counsel and parties thereafter settled the medical-negligence claims against Brenya and others and dismissed those claims with prejudice under a confidential settlement.
- Walling (administrator) sued Toledo Hospital for negligent credentialing, alleging the hospital negligently granted/continued privileges to Brenya. The trial court had bifurcated malpractice and credentialing issues.
- After the malpractice claims were settled and dismissed (without any stipulation that Brenya was negligent), Toledo Hospital moved for summary judgment on negligent credentialing. The trial court granted summary judgment; the court of appeals affirmed.
- The Ohio Supreme Court reviewed de novo and held that negligent credentialing is an independent cause of action but cannot proceed without a simultaneous or prior adjudication or stipulation that the treating physician committed medical malpractice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether negligent-credentialing is a separate claim and whether it can proceed absent a prior or simultaneous adjudication/stipulation of physician malpractice | Walling: Brenya’s trial testimony effectively admitted negligence so a prior adjudication/stipulation is unnecessary; Schelling’s exception should be expanded | Hospital: Schelling requires a prior or simultaneous adjudication/stipulation (except in narrow, unusual circumstances); settlement without stipulation forecloses credentialing claim | Court: Negligent credentialing is independent, but plaintiff must have a prior or simultaneous adjudication or stipulation of physician malpractice; Brenya’s trial admissions and the confidential settlement did not satisfy that requirement; summary judgment affirmed |
| Whether Schelling’s exception (allowing credentialing claims when physician is not amenable to suit) should be broadened | Walling: Schelling’s exception should apply here despite settlement because malpractice can still be proven during credentialing phase | Hospital: Schelling’s narrow exception was for unusual barriers (e.g., bankruptcy) and should not be expanded; Evans (negligent-hiring context) is distinguishable | Court: Declined to expand Schelling; Evans is inapposite because negligent-hiring claims have different proof requirements |
Key Cases Cited
- Schelling v. Humphrey, 916 N.E.2d 1029 (Ohio 2009) (negligent-credentialing is an independent claim but generally requires a prior or simultaneous adjudication or stipulation of physician malpractice)
- Browning v. Burt, 613 N.E.2d 993 (Ohio 1993) (concurring/dissent noting requirement that credentialing claims depend on physician malpractice)
- Evans v. Akron Gen. Med. Ctr., 170 N.E.3d 1 (Ohio 2020) (negligent-hiring/retention claims do not require prior adjudication of employee misconduct; distinguishable from credentialing context)
- Albain v. Flower Hosp., 553 N.E.2d 1038 (Ohio 1990) (recognizing hospital duty to grant/continue privileges only to competent physicians)