California Lawyers Association

Business Law Health Law Committee

Updates from the BLS Health Law Committee

Nursing facility’s arbitration agreement is unenforceable against cognitively impaired patient. Read more
A mandatory elder abuse reporter’s absolute statutory immunity applies to making a knowingly false report. Read more
Acute care hospital needed no additional license or approval to operate drug detoxification center. Read more

Dominguez v. Bonta (F082053 & F082208, Dec. 19, 2022) __ Cal.App.5th ___ [2022 WL 17752246], ordered published Jan. 6, 2023

Medical malpractice plaintiffs lack standing to seek declaratory relief challenging MICRA’s constitutionality. Read more
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

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