Scripps Clinic v. The Superior Court of San Diego Cty.

Scripps Clinic v. The
Superior Court of San Diego Cty.,
No. D040569 (Cal. Ct. App. Apr. 17, 2003).

The
California Court of Appeals for the Fourth District denied a group medical practice’s
motion for summary adjudication on a breach of fiduciary duty claim where there
was a two-week period between the practice denying coverage and the patient’s
assignment to an alternate group practice. This two-week period created an issue
of fact as to whether the patient had ample opportunity to retain a new physician
as required for lawful patient abandonment under California law. The court also
denied the practice’s motion for summary adjudication on the patient’s interference
with contractual relations claim where the practice failed to produce evidence
that the terms of the practice’s contract with the insurer, including the right
to terminate a patient who files a lawsuit, were incorporated into the patient’s
contract with the insurer.

The court granted summary adjudication in favor of the practice on the patient’s:
(1) Unruh Act claim in declining to broaden discriminatory protected classes
to include patient litigants; (2) Cartwright Act claim where the purpose of
the group practice contract provision (allowing the practice to terminate coverage
of all patients and their families upon receipt of an intent to sue letter)
was not to restrain trade, prevent competition or affect prices; and (3) unfair
competition and violation of public policy claim in declining to hold that
the physician’s duty to patients is always paramount to the physician’s freedom
of choice in providing medical care.