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CMA tells California Supreme Court it must protect patient data in CURES

The California Medical Association (CMA) has filed an amicus brief with the California Supreme Court asking that it give meaningful privacy protection to patient data contained in the Controlled Substance Utilization Review and Evaluation System (CURES) database. CMA was joined on the brief by the American Medical Association, California Psychiatric Association, California Dental Association and the American Dental Association. This case, Lewis v. Superior Court (Medical Board), examines the constitutionality of the Medical Board of California's practice of routinely data mining the confidential prescription records of California patients. In response ...

CMA files brief in case challenging the constitutionality of MICRA

The California Medical Association (CMA), together with the American Medical Association (AMA), has filed an amicus brief supporting the constitutionality of the non-economic damages cap of California's landmark Medical Injury Compensation Reform Act (MICRA). This appeal is the latest in a protracted line of cases challenging MICRA's constitutionality since the Legislature enacted the statute in 1975. The California Supreme Court has previously upheld the constitutionality of MICRA's cost saving provisions, including MICRA's $250,000 cap on non-economic damages. Despite Supreme Court precedent, after a trial court reduced the non-economic damages awarded ...

CMA files brief in case of intentional retaliatory actions by hospital CEO against physician leader

On Monday California Medical Association (CMA) filed an amicus brief with the California Court of Appeal in the case of Michael W. Fitzgibbons, M.D. v. Integrated Health Care Holdings, Inc. (IHHI), arguing that a hospital must be held vicariously liable for the intentional, retaliatory actions of the hospital’s CEO against a vocal physician leader on the hospital’s medical staff.   In 2005, troubled Tenet Corp. sold Western Medical Center of Santa Ana (WMC) and three other Orange County hospitals to IHHI. Dr. Fitzgibbons, then chief of WMC’s medical staff, became concerned ...