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FAHLEN v. SUTTER CENTRAL VALLEY HOSPITALS

No. F063023.

208 Cal.App.4th 557 (2012)

145 Cal. Rptr. 3d 491

MARK T. FAHLEN, Plaintiff and Respondent, v. SUTTER CENTRAL VALLEY HOSPITALS et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

August 14, 2012.

Attorney(s) appearing for the Case

Arent Fox , Lowell C. Brown , Debra J. Albin-Riley , and Jonathan E. Phillips for Defendants and Appellants.

Jana N. DuBois ; Davis Wright Tremaine and Terri D. Keville for California Hospital Association as Amicus Curiae on behalf of Defendants and Appellants.

Stephen D. Schear ; Justice First, and Jenny Huang for Plaintiff and Respondent.

Francisco J. Silva and Long X. Do for California Medical Association as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

WISEMAN, Acting P. J. —

Health and Safety Code section 1278.51 is a whistleblower protection law designed to encourage health care workers to notify authorities of "suspected unsafe patient care and conditions." (§ 1278.5, subd. (a).) One of the issues we must decide is whether a doctor claiming he lost his hospital privileges as a form of whistleblower retaliation must exhaust his judicial remedy...

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