Cases may spur South Dakota negligent credentialing law

Negligent credentialing is a legal concept recognized by judges in at least 30 states, but not in South Dakota. However, that may change in the wake of “an avalanche” of cases against Allen Sossan, DO, a spine surgeon who has been accused of botching nearly three dozen surgeries that ended up injuring and even killing patients, the Argus Leader (Sioux Falls) reported last week. Sossan already had one jury verdict go against him in 2013 for performing unnecessary surgeries on a patient who died. One trial was settled last week, with more than 30 other cases pending. Sossan has reportedly fled the country.

Those seeking claims against Sossan will likely never recover any damages from him, but their lawsuits include the facilities—Avera Sacred Heart and Lewis & Clark Specialty Hospital—where Sossan performed his surgeries. These lawsuits allege that both facilities were negligent for credentialing Sossan to perform surgeries in their facilities. Members of Avera’s medical executive committee allege they were coerced by hospital administrators into granting Sossan credentials, despite the fact that he had lost privileges at a Nebraska hospital.

Source: Argus Leader