No Civil Liability on Hospitals to Ensure Financial Compliance of Medical Staff

Under the Florida Statutes (FS 458.320) in order for a doctor to have hospital medical staff privileges the physician must meet certain financial requirements in order to pay medical malpractice judgments against the doctor for negligent medical care. However, the Florida Surpeme Court held a hospital has no duty to ensure a doctor complies with the statute.

As a result of this court ruling, a person injured by a doctor who did not comply with the financial requirements under the statute, and who committed medical malpractice, does not have a case against the hospital for granting the physician staff privileges. The end result is the injured party may not be able satisfy a judgment against the doctor.

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.