Scripps Clinic v. Superior Court

Caution
108 Cal. App. 4th 917·134 Cal. Rptr. 2d 101·2003 Cal. App. LEXIS 734·2003 Daily Journal DAR 5367·2003 Cal. Daily Op. Serv. 4225
Court of Appeal of CaliforniaApril 17, 2003D040569California8,406 words

Opinion

Opinion

O'Rourke, J.

Patricia Thompson (Patricia) and George Thompson (collectively the Thompsons) contracted for medical insurance with Health Net and chose Scripps Clinic (Scripps) as their medical group. After the Thompsons filed a complaint alleging medical malpractice against two physicians affiliated with Scripps, Scripps informed the Thompsons that it was exercising its right under its contract with Health Net to have Health Net transfer the Thompsons to another medical group. Health Net transferred the Thompsons to University of California at San Diego Health Network (UCSD). The Thompsons then filed this lawsuit, contending that Scripps’s policy of terminating medical care for patients who file lawsuits against its physicians is illegal.

Scripps contends summary adjudication should have been granted as to:

Factual and Procedural History

Scripps is a group medical practice governed by a group of physicians who represent Scripps’s physicians. The governing physicians established a policy to terminate further medical care for all patients and their families upon the receipt of an intent to sue letter. However, Scripps will not terminate care for a patient unless it determines that (1)…

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