Wednesday, August 20, 2008

U.S Circuit Court Overturns Kadlec Decision

On May 8, 2008, the 5th Circuit U.S. Court of Appeals overturned the 2006 Eastern Louisiana District Court decision made in the landmark credentialing case, Kadlec Medical Center v. Lakeview Anesthesia Associates. The original ruling stated that Lakeview Medical Center (LMC) and Lakeview Anesthesia Associates (LAA) had an affirmative duty to disclose past drug use by former employee, Dr. Robert Berry, to prospective employer, Kadlec Medical Center.

The new decision states that in providing a neutral employment verification letter to Kadlec on behalf of Berry, LMC could not be held liable for the incident even though they did not disclose Berry’s past drug use. In its opinion, the court stated that there is no law in Louisiana or any other state that requires a hospital to disclose negative information about a current or prior employee.

For a full analysis of the decision, click here:

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