Labor/Employment
Aug. 25, 2012
Revolution in disputes between hospitals and their physicians?
Apparently this is the first litigant to present the conflict between the peer review statutes and Westlake on the one hand, and Section 1278.5 on the other hand, to a court of appeal. By Kurt W. Melchior of Nossaman LLP
A new decision of the state Court of Appeal last week may change the way disputes between hospitals and their privileged physicians will play out. In Fahlen v. Sutter Central Valley Hospitals, 2012 DJDAR 11289 (Cal. App. 5th Dist. Aug. 14, 2012), the court upheld the right of a physician to sue for damages a hospital that had refused to reappoint the physician to its medical staff through peer review proceedings. The physician alleged t...
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