8 Cal. App. 5th 1271
Cal. Ct. App.2017Background
- Melamed, a Cedars-Sinai physician, performed scoliosis surgery on a 12-year-old patient with complications.
- He chose the wrong surgical table and pads and could not stabilize the patient during an extended procedure.
- The hospital suspended his medical staff privileges on July 15, 2011, citing concerns about judgment and competency.
- A peer review hearing was initiated August 2011 and conducted through November 2013, with findings that the suspension was reasonable but termination of pediatric privileges was not warranted.
- Melamed challenged the suspension; each level of internal review upheld it and he did not seek mandamus review.
- On July 11, 2014 (filed July 21, 2014 with an amended complaint), Melamed sued Cedars-Sinai, its medical staff, and physicians, asserting seven claims; Cedars moved to strike under anti-SLAPP.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the claims arise from protected activity | Melamed's claims are not based on peer review activity. | Claims arise from the hospital's peer review proceedings, protected by § 425.16. | Yes; claims arise from protected peer review activity. |
| If protected, does plaintiff show probability of prevailing | Melamed can show merits of his seven claims despite anti-SLAPP. | The claims are meritless and barred by exhaustion and limitations. | Melamed cannot show probability of prevailing; the anti-SLAPP motion affirmed. |
Key Cases Cited
- Kibler v. Northern Inyo County Local Hosp. Dist., 39 Cal.4th 192 (2006) (peer review proceedings are protected official proceedings)
- Nesson v. Northern Inyo County Local Hosp. Dist., 204 Cal.App.4th 65 (2012) (anti-SLAPP protection in peer review context affirmed)
- Fahlen v. Sutter Central Valley Hospitals, 58 Cal.4th 655 (2014) (mandamus exhaustion question clarified for whistleblower claims)
- Westlake Community Hosp. v. Superior Court, 17 Cal.3d 465 (1976) (exhaustion of administrative remedies for hospital peer review claims)
- Collier v. Harris, 240 Cal.App.4th 41 (2015) (anti-SLAPP analysis may address protected activity without mixed pleading)