Siding with a CMA brief, the 4th District Court of Appeals in San Diego recently dismissed the case against Michael Fitzgibbons, M.D., who was 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. The court ruled that the lawsuit should be dismissed under the state’s anti-SLAPP (Strategic Lawsuits Against Public Participation) law, which prevents use of the legal system to silence critics.

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 to other physicians on staff at the hospital an e-mail expressing doubt about the financial viability of IHHI. Most of the information in his e-mail came from an article in the Orange County Register that reported on IHHI’s financial troubles.

Citing the e-mail, 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.

Dr. Fitzgibbons had asked the trial court judge to dismiss the complaint against him, citing the anti-SLAPP law. Although the trial judge denied the motion, the ruling was overturned on appeal.

The appellate court's ruling is an unqualified victory not only for Dr. Fitzgibbons, but also for physicians everywhere. The ruling states with great clarity that speaking out on a matter of public interest, such as the financial solvency of a four-hospital system, is protected by California’s anti-SLAPP statute, says CMA attorney Greg Abrams.

CMA filed an amicus brief in this case, arguing 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. “This ruling reminds the health care community that the law strongly supports physicians in their role as advocates and protectors of health care for their patients and the community in general,” says Abrams.

Dr. Fitzgibbons was represented by Pasadena attorney Tom Curtis of BondCurtis, LLP, the same attorney who successfully represented the medical staff at Ventura’s Community Memorial Hospital in its medical staff self-governance battle against the hospital board several years ago.

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