MINNEAPOLIS, Updated 4:09 p.m. CST October 7, 2005 -- The Minnesota Court of Appeals has granted the Minnesota Medical Association's request to submit an amicus brief concerning a claim for negligent credentialing and/or privileging.

The case involves a medical malpractice lawsuit following a surgical procedure. In addition to the claim against the physician, the plaintiff in the case is suing the hospital for negligent credentialing and/or privileging of the physician, said Megan Fogelson, the MMA policy counsel.

If recognized by the court, negligent credentialing and/or privileging would be a new cause of action in the state, Fogelson said.

The MMA's brief, which will be jointly submitted with the American Medical Association, and the Minnesota Hospital Association, will focus on Minnesota's legislative and judicial history of strongly protecting peer review.

Stay tuned to the MMA Web site for continuing coverage of this case.