Ogletree Deakins: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures | Practical Law

Ogletree Deakins: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals holding that a whistleblower-physician who complained about substandard nursing care and was terminated was not required to seek and obtain a mandamus judgment setting aside the termination decision before suing in state court. This decision reduces state court protections for California health care entities' peer review and credentialing processes. Physicians can now avoid certain steps of the otherwise mandatory review process by claiming that the process itself was in retaliation for protected whistleblower activity.

Ogletree Deakins: California Whistleblower Protections Trump Law on Review of Internal Hospital Staff Privilege Procedures

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Published on 10 Mar 2014California, United States
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses the California Supreme Court's decision in Fahlen v. Sutter Central Valley Hospitals holding that a whistleblower-physician who complained about substandard nursing care and was terminated was not required to seek and obtain a mandamus judgment setting aside the termination decision before suing in state court. This decision reduces state court protections for California health care entities' peer review and credentialing processes. Physicians can now avoid certain steps of the otherwise mandatory review process by claiming that the process itself was in retaliation for protected whistleblower activity.