California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

Hospital immune from civil liability for reporting to National Practitioner Data Bank that doctor surrendered privileges while under investigation. Read more
Breach of confidentiality claim under the CMIA requires proof that medical information was “actually viewed” by an unauthorized party. Read more
Ambulance company owed a general duty of care to a patient who jumped out of a moving ambulance while being transported. Read more
The litigation privilege entitled hospital to anti-SLAPP dismissal of physician’s claims arising out of peer review proceedings. Read more
Charlotte Kernan underwent an apparently successful prenatal procedure to rotate her fetus from the breach position. She returned to the hospital the next day because she could not detect fetal movement. Read more
Plaintiff Charles Logan executed an Advanced Directive (Prob. Code, §§ 4600–4805) appointing his nephew, Mark Harrod, as his health care agent. Read more
Plaintiff Michael Franklin’s primary care physician referred him to Dr. John Park, a neurosurgeon, for herniated disc treatment. Franklin viewed webpages indicating that Dr. Park was associated with Cottage Hospital before seeing him for treatment. Read more
Noncontracted providers of nonemergency services to Medi-Cal managed care plan enrollees are not entitled to reimbursement exceeding Medi-Cal fee schedule rates. Read more
After plaintiff Dar Saini was treated at a Sutter Health emergency room, he received a $4,593 bill that included a $2,811 evaluation and management services (EMS) fee. Read more

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