Appeals court slaps down medical center’s anti-SLAPP motion

Although we have written before about California’s SLAPP and anti-SLAPP statutes and lawsuits, the factual permutations in the field seem almost endless. We now learn that evolution of the legal doctrines appears to be endless as well. If part of a lawsuit is subject to a SLAPP motion and part is not, what will the court do? And faced with a SLAPP motion, can you just dismiss your case and file again?

Doctor, hospital and staff: SLAPPs all around

Dr. R. Michael Williams is a board-certified oncologist who practices medicine and treats patients in the Modesto area. He primarily practices in an independent clinic but since 2003 has had privileges at Doctor’s Medical Center of Modesto (DMCM), which is an acute-care hospital.

Patients who are admitted to DMCM are assigned a hospitalist, a physician who specializes in caring for patients in a hospital setting. The hospitalist acts as the patient’s attending physician and decides what other physicians and specialists may care for the patient while they are admitted at DMCM. Hospitalists aren’t required to enlist the help of any particular specialists, even if one is requested by the patient or the patient’s family. Once the hospitalist enlists other specialists, the specialists may speak with the patient’s family about treatment and care and may enter treatment orders for the patient.