Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Minnesota Appellate Court Rejects Negligent Credentialing Cause of Action
Date: July 28, 2006 — Minneapolis, MN
On July 25, 2006, the Minnesota Court of Appeals reversed a state trial court and held that Minnesota law does not recognize claims against hospitals for negligent credentialing of a physician. In Larson v. Wasemiller, et. al., the Court held that a hospital cannot face civil liability for its decision to allow an independently contracted physician to perform procedures within the hospital. The Court reasoned that allowing such a civil claim would be inconsistent with Minnesota's well-established peer review statutes and would impose liability on hospitals for the acts of individuals who are not their employees. The appellate court overturned a lower court decision which had recognized such claims.
Bassford Remele Shareholders Mark R. Whitmore and Charles E. Lundberg filed an amicus brief on behalf of the Minnesota Hospital Association, the Minnesota Medical Association and the American Medical Association arguing in favor of reversal. These organizations have been directly involved in developing meaningful legislative policy to assist society in providing the highest quality healthcare. They selected the BASSFORD REMELE firm to present their position that allowing claims of negligent credentialing would impede advances in healthcare and would be detrimental to quality improvement processes in place in Minnesota hospitals. A copy of the Court's opinion is attached. Link to Minnesota Court of Appeals Opinion
Mr. Whitmore has successfully tried cases in federal and state courts throughout the upper midwest involving a wide range of areas including medical malpractice, commercial and employment disputes, and personal injury. Although he handles a wide range of matters, much of his practice focuses on defending medical malpractice claims and providing guidance to area hospitals on risk management, claim prevention and governmental investigations. This practice extends to the representation of doctors, nurses and other professionals in matters pending before the Minnesota licensing boards.
Mr. Lundberg has handled hundreds of appeals and is recognized as one of the state's top appellate attorneys. He was recently inducted as a Fellow in the American Academy of Appellate Lawyers. In addition to more than 25 years of experience in appellate law, Mr. Lundberg is a “lawyer’s lawyer,” advising attorneys and law firms on matters involving legal malpractice, legal ethics and other aspects of the law of lawyering. He served for twelve years on the Minnesota Lawyers Professional Responsibility Board, the last six of those years as Board Chair.
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.