Armin v. Riverside Cmty. Hosp. — Nov. 2016 (Summary)

WHISTLEBLOWER

Armin v. Riverside Cmty. Hosp.
G052125 (Cal. Ct. App. Nov. 16, 2016)

In an unpublished opinion, a California superior court found that a hospital’s peer review process did not need to reach completion before a physician could bring a whistleblower claim under a state statute.  The case derived from a lawsuit brought by a physician after his privileges had been summarily suspended, but prior to the initiation of a hearing.  The physician claimed he was being retaliated against for bringing forward complaints about two other physicians in his specialty. While a lower court ruled that the physician must exhaust his administrative remedies before bringing his whistleblower lawsuit, the superior court found the standard of review allowed for the physician to bring forth his claim that the peer review process had been instigated in retaliation for his complaints.