Presentation Summary

Retaliation lawsuits in the employment context have generated a great deal of conversation and the health care industry is by no means immune. Health and Safety Code Section 1278.5 applies specifically to health care employers and medical staffs by prohibiting retaliation against physicians and staff in response to complaints or grievances regarding patient care issues. The California Supreme Court made it even easier for a physician subjected to corrective action to bring a retaliation “whistleblower” claim against a health care provider in the 2014 case of Fahlen v. Sutter Central Valley Hospital. In that case, the Court allowed a physician to proceed directly to court without exhausting his administrative remedies by way of the judicial review hearing process.

Our presenters, Rick Barton and Natalie Mueller recently successfully defended at trial a 1278.5 claim brought by a physician whose medical director contract expired. The physician claimed the contract was allowed to expire in retaliation for his complaints regarding patient care issues at the hospital. Rick and Natalie will discuss the different ways in which health care entities can recognize and protect themselves against the threat of a whistleblower claim from their patients, employees, medical staff and other health care workers. From how to conduct a proper investigation, to coordinating with different departments across a health care entity, to preparing your defense for trial, we will present simple tools to help an entity navigate this complex area of law.

This activity is approved for one hour California general MCLE credit.

Speakers

Rick D. Barton, Partner and Healthcare Practice Group Leader, Procopio

Natalie N. Mueller, Associate, Procopio