government
Physician whistle-blower case goes to state’s top court
NEWS IN BRIEF — Posted Dec. 3, 2012
The California Supreme Court has agreed to hear a case about whether physicians lodging complaints against hospitals can sue the facilities for retaliation without the doctors first having to exhaust long administrative appeals.
The case involves a dispute between nephrologist Mark Fahlen, MD, and Memorial Medical Center, based in Modesto, Calif., about whether nurses were acting appropriately. After he was terminated, Dr. Fahlen did not seek judicial review of a decision to revoke his staff privileges, instead opting to sue the hospital and assert a whistle-blower retaliation claim.
A federal appeals court in August ruled that a 2007 amendment to California’s whistle-blower protection law allowed him the right to sue as a whistle-blower without first exhausting administrative remedies. The Legislature’s intent is clear that medical personnel must be protected from retaliation when they report conditions that endanger patients, the court said.
Hospital advocates said the ruling weakens the peer review hearing process and compromises hospitals’ ability to make appropriate patient care decisions.
At this article’s deadline, the California Supreme Court had not set a date for oral arguments in the case.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2012/12/03/gvbf1203.htm.
