CMA recently filed an amicus brief in support of a physician being sued for slander for speaking out about the bleak finances of Integrated Healthcare Holdings, Inc. (IHHI), the company that had purchased Western Medical Center in Santa Ana, where he served as chief of staff.

Michael Fitzgibbons, M.D., asked the trial court judge to dismiss the complaint against him, based on the California anti-SLAPP (“Strategic Lawsuits Against Public Participation”) law. The trial judge denied the motion, and Dr. Fitzgibbons has filed an appeal.

In 2004, IHHI purchased Western Medical Center and three other hospitals from Tenet Healthcare Corp. When in May 2005 IHHI defaulted on the two loans that it had taken out to fund the acquisitions, Dr. Fitzgibbons sent an e-mail to other physicians on staff at the hospital expressing doubt about the financial viability of IHH. Most of the information in his e-mail came from an article in the Orange County Register that reported on IHHI’s financial troubles.

One month later, IHHI sued Dr. Fitzgibbons for (1) defamation, (2) intentional interference with a contractual relationship, (3) negligent interference with a contractual relationship, (4) breach of contract, (5) breach of the duty of good faith and fair dealing, and (6) violation of the California unfair business practices statutes. All of these counts were based on Dr. Fitzgibbons’s e-mail. Dr. Fitzgibbons asked the court to dismiss the action, saying it failed to allege a legally recognizable claim. He also asked the suit be dismissed under the California anti-SLAPP statute. The trial court ruled against him.

In its brief, CMA argues that physicians must be allowed to express their opinions on matters affecting the health care of their patients without fear that such expression will subject them to an unfounded lawsuit. “The law protects physicians from retaliation where they advocate for medically appropriate health care for their patients. These protections, however, would be severely undermined without the specific procedural remedy made available by the anti-SLAPP statute,” the brief said. “Without judicial recourse against the tactics of others who intimidate physicians to silence their criticisms, physicians will never be able to truly and completely fulfill the panoply of their professional obligations to their patients.”

Click here to read CMA's brief.

Contact: CMA’s legal information line, 415/882-5144 or legalinfo@cmanet.org.