Hospital Discipline In Flux After Doc's Whistleblower Win

Law360, New York (February 25, 2014, 4:43 PM EST) -- The California Supreme Court recently delivered a major win for physician whistleblowers by firmly endorsing their right to sue for retaliation during disciplinary proceedings, and hospitals will be scrambling for years to carve out exceptions and prevent the peer review process from being seriously weakened, experts say.

In their 7-0 ruling last week, judges said a 2007 statutory overhaul clearly allowed doctor Mark T. Fahlen to sue without first obtaining a so-called writ of mandamus overturning his loss of staff privileges. While hospitals see mandamus reviews...
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