Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Amicus Brief Filed in Support of Petitioner/Apellant Gil N Mileikowsky, MD
Mileikowsky v. HCA, West Hills Hospital Medical Center
Court of Appeal State of California, Second Appellate District, Division 8 Case No. BS091943 Superior Court of California for the County of Los Angeles
Case # BS091943
Supreme Court of California Case # S156986

  • Amicus Brief Filed by the American Association for Justice (AAJ) et al, in Support of Petitioner/Apellant Gil N Mileikowsky, M.D. - filed in the Supreme Court of California, 8/28/2008
    Read Brief
    Read Application to File Brief
    Read ACLM Letter in Support of AAJ Amicus
    Read R. Levenstein letter and Florida court decisions in Support of AAJ Amicus

  • On August 27, CMA filed an amicus brief in a case before the California Supreme Court to protect the integrity of the peer review process and prevent a peer review hearing officer from unlawfully usurping the clinical decisions of the peer review body.

    Hearing officers are usually lay people, who don’t have the power or expertise to make decisions on medical disciplinary charges. In the case at hand, a hearing officer’s decree to terminate a peer review hearing led directly to the restriction of the physician’s privileges. This in turn caused the filing of legally required disciplinary reports to state and federal agencies purporting to confirm the veracity of the medical disciplinary charges levied but never proven.

    In essence, by terminating the hearing, the hearing officer made a clinical judgment as to what clinical evidence was necessary to determine the physician’s medical competency; thus making the medical determination that the physician is medically incompetent to practice at the hospital, and thus depriving the physician of a fair hearing before his medical peers.

    CMA’s amicus brief, which was joined by the American Medical Association, argues forcefully that the granting of such powers to a hearing officer unlawfully deprives physicians of a fair hearing before his medical peers, and deprives patients of access to their physician of choice.

    Read the CMA / AMA Amicus Brief

  • Amicus Letter from the California Academy of Attorneys for Health Care Professionals in Support of the CMA / AMA Amicus Brief - 8/28/2008
    Read Letter

  • Amicus Brief Filed by the Union of American Physicians and Dentists (UAPD) in Support of Petitioner/Apellant Gil N Mileikowsky, M.D. - filed in the Supreme Court of California, 6/24/2008
    Read Brief
    Read Application to File Brief