California doctor fights slander lawsuit on grounds of patient advocacy

The hospital says a contract limits the physician's speech, and a trial court agreed. The case is on appeal.

By Amy Lynn Sorrel, AMNews staff. June 5, 2006.

California infectious disease specialist Michael Fitzgibbons, MD, says he knows what it feels like to get a SLAPP -- a strategic lawsuit against public participation.

The term is used to describe lawsuits by large entities, such as corporations, allegedly aimed at silencing criticism by less powerful groups or individuals on issues affecting the public's interest.

Dr. Fitzgibbons, a medical staff member at Western Medical Center Santa Ana, says that the suit filed against him last year by Integrated Healthcare Holdings Inc. is a SLAPP. IHHI, which owns four hospitals including Western Medical, sued him for slander after he spoke out about the financial instability of the company when it defaulted on $50 million in loans.

The physician asked the trial court to dismiss the case, saying his speech is protected under California's anti-SLAPP statute. About 30 states have such laws, and another 10 are pursuing them. California's statute allows those being sued to defend against unfounded lawsuits that often include defamation or business interference claims.

The trial court refused to dismiss the case, and the Fourth Appellate District in California is now considering the doctor's appeal.

Physician groups have joined Dr. Fitzgibbons in his fight. They say doctors have a right and obligation to advocate for their patients on health care matters and that this duty is a fundamental public concern that requires anti-SLAPP protection.

"Physicians have to be able to advocate without fear of retaliation, or doctors and patients will be the ones to suffer," said Gregory M. Abrams, general counsel for the California Medical Assn., which filed a friend-of-the-court brief in support of Dr. Fitzgibbons.