Whistleblower Case Not Subject To Anti-SLAPP Motion To Strike.

A doctor reported to hospital authorities that some nurses who worked with him at a medical center failed to follow his instructions. In some instances, he believed the nurses endangered patients’ lives. One nurse refused to follow his order to shock a patient with defibrillator paddles. Another disobeyed his order to transfer a patient to intensive care. Some of these incidents involved heated exchanges between the doctor and the nurses, and complaints were made about the doctor’s behavior as well. The hospital declined to renew his staff privileges, and the doctor claimed he lost his hospital privileges because he was a whistleblower, and filed suit under Health and Safety Code §1278.5, California’s whistleblower protection law designed to encourage health care workers to notify authorities of “suspected unsafe patient care and conditions.” The hospital brought a special motion to strike under Civ.Proc. §425.16, and the trial court denied it. The appellate court found the trial court correctly denied the motion to strike the doctor’s action under § 1278.5 action.  Fahlen v. Sutter Central Valley Hospitals  (Cal. App. Fifth Dist.; August 14, 2012) 208 Cal.App.4th 557.