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PEOPLE v. S.C. (SAHLOLBEI)

Amicus Curiae Brief of California Medical Association

22 Cited authorities

  1. Fahlen v. Sutter Central Valley Hospitals

    58 Cal.4th 655 (Cal. 2014)   Cited 101 times   7 Legal Analyses
    In Fahlen v. Sutter Central Valley Hospitals, 318 P.3d 833 (Cal. 2014), a physician brought a statutory health care facility whistleblower claim against a hospital after it terminated his staff privileges; he alleged the hospital's action constituted retaliation for his reports of substandard performance by hospital nurses.

  2. Mileikowsky v. West Hills Hospital & Medical Center

    45 Cal.4th 1259 (Cal. 2009)   Cited 53 times
    In Mileikowsky, a peer review committee and the medical executive committee of the hospital had recommended that Dr. Mileikowsky's application for renewal of his staff privileges be denied.

  3. Hongsathavij v. Queen of Angels etc. Medical Center

    62 Cal.App.4th 1123 (Cal. Ct. App. 1998)   Cited 75 times   1 Legal Analyses
    Finding patient abandonment where physician refused to provide treatment to patient in premature labor because she was not a County-referred or County-insured patient

  4. Thomson v. Call

    38 Cal.3d 633 (Cal. 1985)   Cited 96 times
    Recognizing an exception to the conflict rule where the conflict arose after the award of the contract

  5. El-Attar v. Hollywood Presbyterian Medical Center

    56 Cal.4th 976 (Cal. 2013)   Cited 33 times
    Noting the overlap between the two entities in some situations

  6. O'Byrne v. Santa Monica Hospital

    94 Cal.App.4th 797 (Cal. Ct. App. 2001)   Cited 43 times   2 Legal Analyses
    Determining that there was no consideration given for bylaws where hospital had a statutory duty to appoint medical staff, and medical staff had a statutory duty to adopt bylaws and abide by them

  7. Stigall v. City of Taft

    58 Cal.2d 565 (Cal. 1962)   Cited 112 times
    Rejecting a narrow and technical interpretation of the word “made” and construing its statutory meaning “to encompass the planning, preliminary discussions, compromises, drawing of plans and specifications and solicitation of bids”

  8. Eight Unnamed Physicians v. Medical Executive Committee

    150 Cal.App.4th 503 (Cal. Ct. App. 2007)   Cited 23 times
    In Eight Unnamed Physicians v. Medical Executive Com. (2007) 150 Cal.App.4th 503 [ 59 Cal.Rptr.3d 100], the court stated the bylaws plainly provided for the procedural right disputed by the parties. "This conclusion is in accord with the [medical executive committee's] reading of its bylaws, and we independently agree with the [medical executive committee's] interpretation.

  9. Millbrae Assn for Residential v. City of Millbrae

    262 Cal.App.2d 222 (Cal. Ct. App. 1968)   Cited 87 times
    In Millbrae Association For Residential Survival v. City of Millbrae, 262 Cal.App.2d 222, 69 Cal.Rptr. 251 (1968), a planned development of three high-rise apartments and seven quadplexes was approved in accordance with a "Project General Plan" and the land was rezoned to district PD. Subsequently, the developer presented a "Project Precise Plan" calling for seven additional apartments in the highrise buildings, reduction in size of an associated golf course, increase in the number of parking spaces and relocation of two of the high-rise buildings.

  10. Conrad v. Medical Bd. of California

    48 Cal.App.4th 1038 (Cal. Ct. App. 1996)   Cited 24 times
    Explaining how various California statutory provisions do not allow corporations to hire physicians as employees but finding that treating physicians as independent contractors may be permissible

  11. Section 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,438 times   312 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  12. Section 1395nn - Limitation on certain physician referrals

    42 U.S.C. § 1395nn   Cited 413 times   134 Legal Analyses
    Approving of compensation rates that " do not exceed fair market value"

  13. Section 2282.5 - Medical staff's right of self-governance

    Cal. Bus. & Prof. Code § 2282.5   Cited 9 times

    (a) The medical staff's right of self-governance shall include, but not be limited to, all of the following: (1) Establishing, in medical staff bylaws, rules, or regulations, criteria and standards, consistent with Article 11 (commencing with Section 800) of Chapter 1 of Division 2, for medical staff membership and privileges, and enforcing those criteria and standards. (2) Establishing, in medical staff bylaws, rules, or regulations, clinical criteria and standards to oversee and manage quality

  14. Section 70223 - Surgical Service General Requirements

    Cal. Code Regs. tit. 22 § 70223   Cited 1 times

    (a) Hospitals shall maintain at least the number of operating rooms in ratio to licensed bed capacity as follows: Licensed Bed Capacity Number of Operating Rooms Less than 25.......................... ..........................One 25 to 99.......................... ..........................Two 100 or more.......................... ..........................Three For each additional 100 beds or major fractions thereof, at least one additional operating room shall be maintained, unless approved to

  15. Section 70203 - Medical Service General Requirements

    Cal. Code Regs. tit. 22 § 70203

    (a) A committee of the medical staff shall be assigned responsibility for: (1) Recommending to the governing body the delineation of medical privileges. (2) Developing, maintaining and implementing written policies and procedures in consultation with other appropriate health professionals and administration. Policies shall be approved by the governing body. Procedures shall be approved by the administration and medical staff where such is appropriate. (3) Developing and instituting, in conjunction

  16. Section 70243 - Clinical Laboratory Service General Requirements

    Cal. Code Regs. tit. 22 § 70243

    (a) Clinical laboratories shall be operated in conformance with the California Business and Professions Code, Division 2, Chapter 3 (Sections 1200 to 1322, inclusive) and the California Administrative Code, Title 17, Chapter 2, Subchapter 1, Group 2 (Sections 1030 to 1057, inclusive). (b) All hospitals shall maintain clinical laboratory services and equipment for routine laboratory work, such as urinalysis, complete blood counts, blood typing, cross matching and such other tests as are required by

  17. Section 70253 - Radiological Service General Requirements

    Cal. Code Regs. tit. 22 § 70253

    (a) All hospitals shall maintain a diagnostic radiological service. (b) Written policies and procedures shall be developed and maintained by the person responsible for the service in consultation with other appropriate health professionals and administration. Policies shall be approved by the governing body. Procedures shall be approved by the administration and medical staff where such is appropriate. (c) The responsibility and the accountability of the radiological service to the medical staff

  18. Section 70233 - Anesthesia Service General Requirements

    Cal. Code Regs. tit. 22 § 70233

    (a) Written policies and procedures shall be developed and maintained by the person responsible for the service in consultation with other appropriate health professionals and administration. Policies shall be approved by the governing body. Procedures shall be approved by the administration and medical staff where such is appropriate. The policies and procedures shall include provision for at least: (1) Preanesthesia evaluation of the patient by an individual qualified to administer anesthesia as

  19. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,146 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or

  20. Rule 8.208 - Certificate of Interested Entities or Persons

    Cal. R. 8.208   Cited 17 times

    (a)Purpose and intent The California Code of Judicial Ethics states the circumstances under which an appellate justice must disqualify himself or herself from a proceeding. The purpose of this rule is to provide justices of the Courts of Appeal with additional information to help them determine whether to disqualify themselves from a proceeding. (b)Application This rule applies in appeals in civil cases other than family, juvenile, guardianship, and conservatorship cases. (Subd (b) adopted effective