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Doc's Whistleblower Case May Create Chaotic Hospital Disputes

11/15/2012 Law360

Nossaman Partner Kurt Melchior was quoted in the Law360 article "Doc's Whistleblower Case May Create Chaotic Hospital Disputes," about a case heading to the California Supreme Court over whether a doctor can file a whistleblower suit without exhausting all judicial remedies at a hospital.

If the high court upholds the ruling that a whistleblower does not have to exhaust all judicial writ options before filing, it would create an easier avenue for doctors to file suit in court.  This could create complicated disputes for hospitals that involve parallel court and administrative proceedings.

The doctor in the case, Mark Fahlen, was fired for fighting with nurses who he said were endangering patients' lives. 

As an attorney following the case, Mr. Melchior noted, "The California Supreme Court is going to focus on reconciling the two concepts between the finality of the administrative process and the rights of people who claim they are being persecuted as whistleblowers to make their case to a jury."

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