Khajavi v Feather River Anesthesia Medi
Khajavi v Feather River Anesthesia Medical Group case
1.Official Citations
NOSRAT KHAJAVI: Plaintiff, Appellant and Respondent, vs.
FEATHER RIVER ANESTHESIA MEDICAL GROUP: Appellant, Defendants and Respondents.
APPEAL from the judgment of the Superior Court of Sutter County, Perry Parker, Judge. Reversed, in part; remanded, in part; and affirmed, in part.
Weintraub Genshlea & Sproul, Rosemary Kelley, Charles L. Post, and William S. Jue, for Plaintiff Nosrat Khajavi.
Biegler Opper & Ortiz, Robert P. Biegler and Jesse S. Ortiz, III, for Defendant Feather River Anesthesia Medical Group.
Wilke, Fleury, Hoffelt, Gould & Birney, David A. Frenznick and Anthony J. DeCristoforo, for Defendant Robert Del Pero.
Catherine I. Hanson and Astrid G. Meghrigian, Amicus Curiae for California Medical Association in support of Appellant Khajavi.
Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant, Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment. At trial, the court non-suited Khajavi’s claims that defendants Feather River and Robert Del Pero had discharged him, and conspired to discharge him, in violation of public policy -- that is, in retaliation for advocating “medically appropriate health care” in violation of Business and Professions Code section 2056.
2.Case in Brief
Issues
The Court had to decide whether Business and Professional Code § 2056 can be applied to a disagreement between two physicians regarding how to medically treat a patient, or if § 2056 only applies to disputes between physicians and third party or healthcare payors. Business and Professional Code § 2056 provides protection against retaliation for physicians who advocate for medically appropriate healthcare for their patients.
Feather River breached its oral employment contract with Khajavi, entered in
1.Official Citations
NOSRAT KHAJAVI: Plaintiff, Appellant and Respondent, vs.
FEATHER RIVER ANESTHESIA MEDICAL GROUP: Appellant, Defendants and Respondents.
APPEAL from the judgment of the Superior Court of Sutter County, Perry Parker, Judge. Reversed, in part; remanded, in part; and affirmed, in part.
Weintraub Genshlea & Sproul, Rosemary Kelley, Charles L. Post, and William S. Jue, for Plaintiff Nosrat Khajavi.
Biegler Opper & Ortiz, Robert P. Biegler and Jesse S. Ortiz, III, for Defendant Feather River Anesthesia Medical Group.
Wilke, Fleury, Hoffelt, Gould & Birney, David A. Frenznick and Anthony J. DeCristoforo, for Defendant Robert Del Pero.
Catherine I. Hanson and Astrid G. Meghrigian, Amicus Curiae for California Medical Association in support of Appellant Khajavi.
Shortly after plaintiff Nosrat Khajavi (Khajavi), an anesthesiologist, and defendant, Robert Del Pero, a surgeon, engaged in an altercation over the wisdom of proceeding with a particular surgery, defendant Feather River Anesthesia Medical Group (Feather River) terminated Khajavi’s employment. At trial, the court non-suited Khajavi’s claims that defendants Feather River and Robert Del Pero had discharged him, and conspired to discharge him, in violation of public policy -- that is, in retaliation for advocating “medically appropriate health care” in violation of Business and Professions Code section 2056.
2.Case in Brief
Issues
The Court had to decide whether Business and Professional Code § 2056 can be applied to a disagreement between two physicians regarding how to medically treat a patient, or if § 2056 only applies to disputes between physicians and third party or healthcare payors. Business and Professional Code § 2056 provides protection against retaliation for physicians who advocate for medically appropriate healthcare for their patients.
Feather River breached its oral employment contract with Khajavi, entered in