A claim of negligent credentialing necessitates evidence that the hospital has breached its “independent duty to select and retain competent independent physicians seeking staff privileges”;

The hospital will be “responsible for the negligence of an independent physician when it has failed to exercise due care in the selection and retention of that physician on its staff.” 

A claim of negligent credentialing was considered by the Florida Court of Appeal in Philip Regala v Michael McDonald which referenced Insinga v LaBella.

While not labelled as such, South African law also permits negligent credentialing claims if all the necessary elements of delict can be established against the hospital. In circumstances where in the ordinary course a private hospital does not employ the doctors, who are therefore independent contractors practising from the relevant hospital facilities and there is no vicarious liability for the negligent conduct of those doctors. 

In a negligent credentialling case liability of the hospital where established is not vicarious but direct for the failure to engage competent doctors.