Anti-SLAPP Protections by Health Care Providers: Distinguishing Protected Speech and Non-Protected Actions

• October 11, 2023

• Matthew Carlins , Law Student, University of Illinois

In a recent unpublished opinion, Sanchez v. St. Joseph Hospital of Orange, the Fourth Appellate District of California reversed the trial court’s decision to allow plaintiff Ana Sanchez, M.D to amend her complaint, incorporating additional facts to establish a prima facie case of retaliation. These facts were intended to demonstrate that the flagging of patient files for peer review was a retaliatory act in response to the plaintiff’s whistleblowing. Additionally, the appeals court affirmed the trial court’s decision to deny St. Joseph’s anti-SLAPP motion regarding Sanchez’s suspension and the requirement for her to sign a “behavioral contract,” asserting that both actions were not protected by anti-SLAPP laws.

ARTICLE TAGS

• Medical Staff Credentialing and Peer Review Practice Group
• Medical Staff, Credentialing, and Peer Review