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Untitled Document
Ventura Medical Staff Files
Revised Complaint
Posted
[09/19/03]
Continuing its
fight for self-governance, the medical staff of Community Memorial Hospital in
Ventura last week updated its lawsuit against the hospital administration. Last
month, Ventura County Superior Court Judge Henry Walsh ruled that California
law recognizes the medical staff as an unincorporated association and hence its
right to sue the hospital. He rejected the hospital’s argument that the
medical staff is merely a department within the hospital and therefore cannot
sue the hospital.
In his decision, Judge
Walsh ruled a number of the medical staff’s complaints to be improper
because they were worded as violations of individual physicians’ rights.
As allowed for in the ruling, the medical staff rewrote the complaint so
that the allegations were presented as issues in which all medical staff
members have a direct interest. This amended complaint was filed Sept. 8.
The amended complaint
continues to focus heavily on the importance of medical staff self governance
in assuring quality patient care and alleges a number of instances in which
the administration’s interference in medical staff activities potentially
compromises the quality of patient care in the hospital.
To help the medical staff
fight for self-governance, contribute to CMA’s
Legal Defense Fund online or by calling 916/551-2043.
Contact: Greg Abrams,
415/882-3350 or gabrams@cmanet.org.
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