Bichai v. Dignity Health
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Plaintiff filed suit against two hospitals before the first hospital issued a final decision in the peer review proceeding addressing his reapplication. Plaintiff alleged multiple claims, including retaliation in violation of Health and Safety Code section 1278.5, a whistleblower provision that protects healthcare workers who advocate for medically appropriate care of a patient. The trial court sustained the demurrer filed by the first hospital, the hospital where plaintiff's reapplication privileges was pending.
The Court of Appeal affirmed and concluded that plaintiff's claims against that hospital for unfair competition and conspiring with the second hospital to violate section 1278.5 failed to allege facts sufficient to constitute a cause of action. The court explained that, in this case, the hospital had yet to take any adverse action against plaintiff and his reapplication for privileges. Furthermore, the medical staff is a separate legal entity and, thus, its recommendation to deny plaintiff's reapplication is not an act of wrongdoing by the hospital. Therefore, the cause of action against the hospital had not yet accrued.
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