Khoiny v. Dignity Health
Annotate this CaseThe Court of Appeal held that the predominant relationship between a medical resident and a hospital residency program is an employee-employer relationship, and so the rule of academic deference does not apply to the jury's determination whether the resident was terminated for discriminatory or retaliatory reasons. In this case, plaintiff presented credible evidence of gender discrimination and retaliation by SMMC, and there is a reasonable probability that, in the absence of the erroneous jury instruction, she would have obtained a more favorable verdict. Accordingly, the court reversed and remanded for a new trial.
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