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Roxanne Rieder, et al., v. David Segal, et al. Iowa Negligent Credentialing
In this Linn County, Iowa, medical malpractice case, one of the plaintiff's claims against the hospital was based on the tort of negligent credentialing. They alleged that the hospital knew or should have known that the surgeon did not possess the requisite professional competence. The court noted that it had never been decided whether the tort of negligent credentialing existed in Iowa.
The high court declined the invitation to decide the issue in this opinion. It once again assumed without deciding that the tort existed, but under the facts of this case, the plaintiffs had not established a case as the tort is recognized in other jurisdictions.
No. 19-0767 (Iowa May 14, 2021).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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