A recent decision of the California Supreme Court will give physicians in the Golden State who report patient safety issues greater legal protection against hospital retaliation.
In Fahlen v. Sutter Central Valley Hospitals, the California Supreme Court found that physicians, just as patients and other hospital employees, are covered under a state law that encourages whistleblower action to protect patient safety.
“A medical staff member who has suffered retaliatory discrimination ‘shall be entitled’ to redress, including, as appropriate, reinstatement and reimbursement of resulting lost income,” the court confirmed in its decision.
At stake was the ability of physicians who report patient safety concerns at a hospital to be able to sue in court for reinstatement of staff privileges and lost income without first addressing any hospital judiciary actions brought against them in retaliation for their patient advocacy.
Plaintiff Mark Fahlen, MD, alleged that he had been terminated from his employment and denied privileges at the local hospital because he had reported that nurses had repeatedly failed to follow his instructions for patient treatment and provided substandard care.
The hospital then initiated peer review, which determined that Dr. Fahlen himself was not inhibited from providing safe medical care and should remain on the medical staff. The hospital nonetheless terminated Dr. Fahlen’s privileges because of his “disruptive behavior.”
“All of this … was done because Dr. Fahlen had raised complaints about nursing competence at the hospital,” the Litigation Center of the AMA and State Medical Societies and the California Medical Association stated in a friend-of-the-court brief submitted in the case. “In other words, the facts strongly suggest Dr. Fahlen’s privileges were terminated after he raised concerns about patient care.”
In line with the brief and a lower court ruling, the California Supreme Court agreed that an adverse outcome in a peer review proceeding should not stand in the way of a physician seeking restitution for unfair action taken against him or her for upholding patient safety.
The court’s decision should ensure greater protection for other physicians who advocate for safer patient care.
Learn more about this case and others in which the AMA Litigation Center is taking action for physicians and patients.
