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A California case offers more retaliation options for whistleblowers
In 2007, a bill was passed amending California's whistleblower statute extending the rights previously granted to nonphysician staff members to include physicians as well. The amendment allowed physicians that brought forth patient safety complaints to sue the hospital for retaliation without having to exhaust the hospital administrative process.
In August, a federal appeals court supported that amendment, affirming a trial court's decision that Mark Fahlen, MD, a nephrologist at Memorial Medical Center in Modesto, Calif., had the right to sue the hospital for damages and reinstatement of privileges before exhausting the hospital's administrative process.
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