Doreen W. Shenfeld

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Experience

Dignity Health v Mounts, _ Cal. App. 5^th _ (2024) (affirming dismissal of physician’s cross-complaint against client hospital alleging retaliatory peer review under the anti-SLAPP statute).

Kime v Dignity Health, 101 Cal. App. 5th 708 (2024) (affirming dismissal of emergency care physician’s claims for denial of fair procedure, following the discontinuation of his application for membership and privileges, based on a prior summary suspension of his privileges by another hospital and the client hospital’s contract with the physician’s emergency group foreclosing physicians with prior adverse disciplinary history from applying for membership and privileges).

Medical Staff of St. Mary Medical Center v. St. Mary Medical Center (Cal. Ct. App. 2022) (affirming denial of petition for writ of mandate by medical staff against client hospital for alleged violations of medical staff self-governance statute and bylaws arising from hospital’s exclusive contracting decisions and nonapproval of amendments to medical staff bylaws).

East Bay Cardiovascular and Thoracic Associates, Inc. v Stanford Health Care-Valley Care, No. RG21101593 (Alameda County Sup. Ct.) (Denial of writ of mandate in action challenging client hospital’s quasi-legislative decision to change exclusive provider of cardiothoracic surgical services).

Wisner v Dignity Health, 85 Cal. App. 5^th 35 (2022) (first-impression decision affirming the dismissal under the anti-SLAPP statute of a physician’s damages complaint against the client hospital alleging that the hospital had maliciously filed a false report to the federal government disclosing that the physician resigned his medical staff membership and privileges while under investigation; holding the report was both a mandated and a protected communication and the hospital was immune from liability under the federal peer review statute).

Dignity Health v Mounts, 2022 WL 538110 (Cal. App. 2022) (reversing denial of client hospital’s anti-SLAPP motion in action alleging retaliatory peer review of physician).

Natarajan v. Dignity Health, 11 Cal. 5th 1095 (2021) (Unanimous Supreme Court decision affirming denial of physician’s writ of mandate challenging client hospital’s termination of the physician’s medical staff membership and privileges; first impression ruling rejecting claim that a peer review hearing officer is biased based on his past and pending hearing officer work at other hospitals operated by the same client).

Bichai v. Dignity Health, 61 Cal. App. 5th 869 (2021) (secured complete dismissal of action by physician against a hospital following the medical staff’s recommended denial of the physician’s application for privileges because the hospital itself, a separate legal entity from the medical staff, had not taken adverse action on the physician’s application.)

Medical Staff of Saint Mary Medical Center v Dignity Health, Case No. 20STCP01915 (Los Angeles Superior Court) (denying writ of mandate by medical staff against client hospital for alleged violations of medical staff self-governance statute and bylaws arising from hospital’s exclusive contracting decisions and refusal to approve amendments to medical staff bylaws).

Cary Shakespeare, M.D. et al v. Adventist Health System/West, (Placer Cty Sup. Ct.) (2018) (complete defense verdict for hospital system following trial of physician whistle-blower claims).

Colonial Medical Group v. Dignity Health, 2017 WL 2178831 (1^st Dist. 2017) (affirming dismissal of writ of mandate by medical group challenging hospital’s exclusive services contract to treat prison inmates of Central California prisons as an illegal kickback arrangement).

Ryan Kime, M.D. v. Adventist Health Clearlake Hospital et al, 254 F.Supp.3d 1071 (N.D. Cal. 2017) (obtained dismissal with prejudice of EMTALA claims against hospital).

Colonial Medical Group, Inc. v. Dignity Health et al. (San Fran Sup. Ct. 2015) (tried and won defense of action claiming that exclusive coverage contract for provision of emergency hospital services to prisoners violated antitrust and anti-kickback laws and denied the plaintiff medical group fair procedure).

El-Attar v. Hollywood Presbyterian Medical Center, 56 Cal. 4th 976 (2013) (Member of appellate team that argued and won for two amici hospital system clients Supreme Court decision upholding the termination of the physician's medical staff membership and privileges. The Court adopted our amici clients' argument that minor violations of medical staff bylaws regarding selection of the peer review hearing panel and hearing officer were insufficient to overturn the hospital's decision to terminate the physician based on substantial evidence of the physician's substandard patient care).

Colonial Medical Group v. Catholic Healthcare West, et al. (N.D. Cal. May 2010) affirmed (9th Cir. 2011) (dismissal of medical group's antitrust claims challenging hospital client's exclusive services contract for services to prison inmates of Central California prisons).

Bruce Ellison, M.D. v. Sequoia Health Services, 183 Cal. App. 4th 1486 (1st Dist. 2010) (Upholding hospital client’s termination of a physician for dishonesty in reporting his professional training and qualifications).

Pourzia v. St. Mary Medical Center, Catholic Healthcare West, et al., 2009 WL 1842664 (2d. Dist. 2009) (unpublished) (affirmed judgment for client hospital, dismissing physician’s petition for writ of mandate challenging summary suspension and termination of medical staff membership and privileges).

Blau v. Northridge Hospital Medical Center, No. A111845, 2007 WL 2381407 (1st Dist. Aug. 22, 2007) (upholding dismissal of damages action for hospital's exclusion of disruptive physician).

Kibler v. Northern Inyo County Local Hospital District, 39 Cal. 4th 192 (2006) (amicus curiae) (first impression California Supreme Court ruling, applying California’s anti-SLAPP statute to private hospital peer review as an “official proceedings authorized by law”).

CMC Medical Plaza Partners Ltd. v. Catholic Healthcare West, No. B177173, 2006 WL 45874 (2d Dist. Jan. 10, 2006) (affirming the dismissal, on demurrer, of an action claiming breaches of contract and fiduciary duty against client hospital, for allowing construction of an affordable low-income housing project located near the hospital and the offices of the plaintiff, a physician limited partnership, and awarding the client's prevailing party attorneys fees).

Blau v. Catholic Healthcare West, et al., No. B157516, 2003 WL 550307 (2d Dist. Feb. 27, 2003) (affirming dismissal of damages action by terminated physician against client hospital, based upon the physician’s failure to exhaust administrative remedies).

Sabety v. Pomona Valley Hosp. Medical Center, Inc., No. B141803, 2001 WL 1646610 (2d Dist., Dec. 20, 2001) (affirming grant of summary judgment and dismissal of damages action alleging wrongful peer review action).

Bressman v. Pomona Valley Hosp. Medical Center, Nos. B141793, BS033134, 2001 WL 1194961 (2d Dist. Oct. 10, 2001) (affirming denial of mandamus petition seeking to reverse revocation of medical staff privileges on grounds of unfair procedure and bias).

Hongsathavij v. Queen of Angels/Hollywood Presbyterian Medical Center, 62 Cal. App. 4th 1123 (1998) (trial counsel) (affirming final administrative decision of hospital excluding physician who abandoned indigent patient).

Pomona Valley Hospital Medical Center v. Superior Court, 55 Cal. App. 4th 93 (1997) (granting writ and ordering trial court to deny motion to depose medical staff president who was involved in suspension of physician’s staff privileges as irrelevant to issue of bias in connection with ensuing administrative hearing).

Huang v. Board of Directors, (B098071, Sept. 10, 1996) (affirming dismissal of damages action filed by Dr. Huang following successful reversal of peer review action).

Chavis v. St. Francis Medical Center, (B092282) (affirming dismissal of damages action for alleged wrongful summary suspension of privileges).

DeVaughn Peace, M.D., Inc. v. St. Francis Medical Center, 28 Cal. App. 4th 454 (1994) (affirming granting of nonsuit following trial of damages action alleging wrongful restriction of staff privileges).

11.22.22

California Court of Appeal Upholds Victory for Dignity Health’s St. ...

Manatt secured a major victory for Dignity Health’s St. Mary Medical Center on November 17 when the California Court of Appeal affirmed the d...
10.24.22

Manatt Secures Appellate Victory for Dignity Health in Anti-SLAPP ...

Manatt secured an important victory for its client Dignity Health, a California-based nonprofit hospital system, on October 18, when the California...
08.16.21

California Supreme Court Rules in Favor of Dignity Health’s St. ...

Manatt secured an important win for its client Dignity Health on August 12.
06.30.21

Superior Court of Los Angeles County Rules in Favor of Dignity ...

Manatt has successfully defended Dignity Health’s St. Mary Medical Center in a lawsuit brought by the hospital’s medical staff seeking ...

08.20.21

Key Takeaways From the Natarajan v. Dignity Health Decision

On August 12, 2021, the California Supreme Court issued its opinion in Natarajan v. Dignity Health, No. S259364.
02.22.17

Securing the Safety Net for America's Vulnerable Populations

Many older Americans have insufficient income and assets to protect them through retirement.
02.22.17

HCQIA Preemption of State Physician Whistleblower Statutes

Medical professionals who are subject to adverse actions following peer review often seek to sue the peer review participants (including the ...

Doreen W. Shenfeld

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