Thomas E. Tharp, Appellants/Cross-Respondents v. St. Luke's Surgicenter-Lee's Summit, LLC, Respondent/Cross-Appellant.

Summary

The Court held that the Tharps failed to submit sufficient evidence for negligent credentialing because they showed only that St. Luke's violated its application bylaws, not that the surgeon was incompetent or generally careless or that such incompetence proximately caused the injuries. The Court nevertheless reversed and remanded for a new trial because the Tharps possessed additional evidence that could establish the claim and were justified in not presenting it without prior controlling guidance concerning the claim's required elements. The separate opinion record supplied with the case is treated as empty.