CPCS Negligent Credentialing and Legal Risk Management 2

Question 1

Which legal doctrine holds hospitals liable for the negligent acts of independent contractor physicians if patients reasonably believed those physicians were hospital employees?

Accepted Answer

Ostensible agency

Answer

Respondeat superior

Answer

Corporate negligence

Answer

Res ipsa loquitur

Question 2

A hospital fails to query the National Practitioner Data Bank (NPDB) before granting initial privileges to a physician. The physician later harms a patient. What primary legal risk does this create?

Accepted Answer

Negligent credentialing liability

Answer

Breach of HIPAA

Answer

Antitrust violation

Answer

False Claims Act exposure

Question 3

Under the Health Care Quality Improvement Act (HCQIA), hospitals must report to the NPDB when a physician's clinical privileges are reduced, suspended, or revoked for more than how many days?

Accepted Answer

30 days

Answer

15 days

Answer

60 days

Answer

90 days

Question 4

A credentialing specialist discovers a practitioner surrendered privileges at another hospital 'while under investigation.' Which action is MOST appropriate?

Accepted Answer

Query the NPDB and request a complete explanation from the practitioner

Answer

Grant privileges provisionally pending investigation

Answer

Deny privileges immediately without further review

Answer

Table the application until the next credentialing cycle

Question 5

Which element is NOT required to establish a negligent credentialing claim in most US jurisdictions?

Accepted Answer

The provider intended to harm the patient

Answer

The hospital owed a duty to the patient

Answer

The hospital breached its duty in credentialing the provider

Answer

The breach caused patient injury

Question 6

A peer review committee recommends termination of a physician's privileges based on quality concerns. The physician alleges the real motive is economic competition. Which federal law provides immunity to the committee if the action met its standards?

Accepted Answer

HCQIA

Answer

EMTALA

Answer

HIPAA

Answer

Stark Law

Question 7

A court applies 'corporate negligence' in a credentialing lawsuit. What does this theory primarily establish?

Accepted Answer

Direct duty of the hospital as a corporate entity to oversee practitioner competence

Answer

Liability of the medical staff for peer review failures

Answer

Automatic liability whenever a contracted physician causes harm

Answer

Liability only when a hospital administrator was directly involved in care