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Paul Zimmerman

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Shaw v. Superior Court: California Health Facility Workers May be Entitled to Jury Trials

Health facilities take note: a recent California court decision could expose hospitals, health systems and other facilities to the risk of a jury trial if accused of retaliating against employees, healthcare workers or members of the medical staff for complaining about the quality of care provided.

In Shaw v. Superior Court, defendant Kindred Hospital in Los Angeles allegedly terminated plaintiff Deborah Shaw for complaining Kindred was employing unlicensed and uncertified healthcare professionals. Following her termination, Ms. Shaw sued Kindred, arguing she was protected from retaliation by California Health & Safety Code section 1278.5. Under that section, health facilities are prohibited from retaliating or discriminating against any patient, employee, member of the medial staff or any other healthcare worker because that person has engaged in a protected act, including complaining to the facility about the quality of care, services or conditions at the facility. View Full Article 

This article is not offered as, and should not be relied on as, legal advice. You should consult an attorney for advice in specific situations.