CMA's Victories in the
Courts
1995 - Present
California Medical Association advocacy in the courts (and before the
Attorney General) has been instrumental in obtaining many rulings of
importance to physicians and their patients. Important decisions include:
Professional Liability and MICRA
Enforcement of MICRA
· MICRA Cap applies to EMTALA cases: Barris v. County of
Los Angeles
· MICRA Cap and periodic payments must be enforced: Salgado
v. County of Los Angeles
· MICRA-collateral source rules apply to out of state insurance
carriers doing business in California-insurance carrier cannot recover
cost of care from the health care provider: Medical Mutual of Ohio
v. deSoto
· Special medical malpractice pleading requirements for punitive
damages apply to EMTALA cases: Jackson v. Superior Court and
to elder/abuse cases: Lehrman v. Superior Court
· One year statute of limitations for discovery of malpractice
should not be extended: Norgart v. Upjohn Company
Captain of Ship Doctrine
· Physician/surgeon not liable for the subsequent post-operative
conduct of other physicians: Frasier v. Hanson
Expert Witness Testimony
· Unless the nature of that testimony is timely disclosed
in an expert witness declaration so as to give adequate notice to
the opposing party, it is barred: Bonds v. Roy
Informed Consent
· There is no duty to inform patient of unapproved treatment
even if approved in another state: Schiff v. Prados
· The doctrine of informed consent does not include matters
unrelated to risks and benefits of medical treatment: Vaughn v.
Acromed
Spoliation of Evidence
· Cause of action for intentional spoliation of evidence eliminated:
Cedars-Sinai Medical Center v. Superior Court; Temple Community
Hospital v. Superior Court
Allied Health Practitioners
· Physicians may lawfully employ and supervise medical assistants
providing technical supportive services involving concepts of physical
therapy: PM&R Associates v. WCAB
· Psychologists prohibited from releasing mental patients before
the 72-hour hold period established by Welfare & Institutions
Code: Ford v. Norton
· Chiropractors cannot receive kickbacks for marketing naturopathic
products: 84 Ops. Cal. Atty. Gen. 25 (2001)
Corporate Practice
· Hospital employment of physicians prohibited: Conrad v.
MBC
· For profit publicly traded corporation may not employ physicians
to provide ophthalmologic services: Foundation for Better Medical
Care v. Lasik Vision
· Management service agreement which vests lay entity with
control over the practice of medicine violates corporate practice
bar: 83 Ops. Cal. Atty. Gen 170 (2000)
Managed Care
· CMA sponsored legislation, Business & Professions Code
2056, protects physicians against retaliation "for advocacy for
medically-appropriate health care" by anyone, not just by third
party payors: Khajavi v. Feather River Anesthesia Medical Group
· Managed care plans, like medical staffs, must afford fundamental
fairness to their contracting physicians: Potvin v. Metropolitan
Life Insurance Company
· Health plans, for a fee, may not refer enrollees to providers
who provide non-covered services at discount rates: 82 Ops. Cal. Atty.
Gen (1999)
· Disputes over physician provider contracts with health plans
are not preempted by ERISA: Blue Cross of California v. Anesthesia
Care Associates
· Providers may bring class action against health plan to redress
contract violations: Anesthesia Care Associates, et al v. Blue
Cross of California
· Medical negligence claims against HMOs not preempted by ERISA:
Roessert v. HealthNet
Medical Staff
· Department closure is not a business decision made solely
by the hospital: Merlo v. Cedars-Sinai Medical Center
Peer Review
· Confidentially of peer review records upheld even in the
hands of state investigators: Fox v. Kramer
· Confidentiality of medical staff records applies in criminal
proceedings: Scripps Memorial Hospital v. Superior Court
Public Health/Access to Medical Care
Anti-tobacco Advocacy
· Settlement of a case challenging that tobacco industry violated
unfair business laws resulted in payment to California of $25 Billion:
People v. Philip Morris
· Private parties may use retailers who sell cigarettes to
minors: Stop Youth Addiction v. Lucky Stores
Access to Care
· CMA supported 1995 appropriation of monies collected under
Prop. 99 to pay for healthcare for low income women and children was
lawful: American Lung Association et al v. Wilson
· Counties must provide medical care to the indigent in addition
to satisfying general assistance grant levels: Caulk v. Superior Court
(Silva)
· The health-related provisions of Proposition 187, which would
have made undocumented immigrants ineligible for health care services
struck down as unconstitutional: League of United Latin American Citizens
v. Wilson
· A County's obligation to provide health care can not be subsumed
within a minimal general assistance grant: Gardner v. County of
Los Angeles
Women & Children's Health
· Ordinance creating a buffer zone protecting reproductive
health clinics upheld as constitutional: Edwards v. City of Santa
Barbara. City of San Jose v. Superior Court
· Statute which prohibits minors from obtaining an abortion
without parental consent unconstitutional: CMA, American Academy
of Pediatrics, et al v. Lundgren
· Childhood Lead Poisoning Prevention Act upheld as constitutional:
Sinclair Paint Company v. State Board of Equalization
· City's policy of non-consensual drug testing of pregnant
indigent Medicaid patients struck down as unconstitutional: Ferguson
v. City of Charleston, South Carolina
Miscellaneous
· No liability imposed on medical researchers for later products
liability: Artiglio v. Corning
· All communications made in official proceedings or to official
bodies are protected from unsubstantiated litigation: Briggs v.
Eden Council for Hope and Opportunity
· No liability imposed on the American Association of Blood
Banks for blood banking standards set in good faith: NNV v. AABB
· California's Mandatory Helmet law upheld as constitutional:
Eazyriders Freedom F.I.G.H.T. v. Hannigan
· Local EMS agencies have authority to maintain medical control
over the entire EMS System: County of San Bernardino v. City of
San Bernardino
Reimbursement
· CMA ensured that physicians recovered tens of millions of
dollars for medically necessary services provided to health plan enrollees
in the wake of the Medpartners bankruptcy: Commissioner of Corporations
of the State of California v. Medpartners Provider Network, Inc.
· Health plans prohibited from enforcing technical billing
requirements to work a forfeiture of physician payment: Lauderdale
Associates d.b.a. Alhambra Convalescent Hospital v. DHS
· Medical liens are reimbursable in full, and are not subject
to deduction of a portion of the patient's attorneys fees: Ruthberg
v. Lovett
Residents
· Interns and residents are employees for labor organizing
purposes: In re Boston Medical Center v. Committee of Interns and
Residents
Unprofessional Conduct & Licensure
· Medical Board may not publicly disclose fact that Board
requested Attorney General's office to file an accusation against
a physician: CMA v. Medical Board
· Statute requiring teachers to pay one-half of all prosecution
costs if unsuccessful at a disciplinary hearing struck down as unconstitutional:
California Teachers Association v. State of California. CMA is
currently using this case to argue before the California Supreme Court
that the Medical Board fee recovery statute is unconstitutional.
Workers' Compensation
· Physicians authorized to pursue antitrust and RICO claims
against workers compensation insurers that had allegedly engaged in
a conspiracy to drive them out of business: Vacanti v. State Compensation
Insurance Fund
