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Fenton Law Group Successfully Appeals Court Order on Behalf of Physician Client Against the Medical Board of California

Ben Fenton, Dennis Lee, and Alexandra de Rivera have won a lawsuit on behalf of a physician client against the Medical Board of California. The Board filed a petition for an order to obtain medical records of five of the doctor’s patients. The physician objected but the lower court granted the order. Fenton Law Group appealed the lower court’s decision and successfully reversed the order in the Court of Appeal. Attached is the Court’s Decision. The case involves whether or not the Medical Board had good cause to obtain the requested medical records....

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Fenton Law Group Successfully Opposes Petition for Reconsideration in Case Against Hospital Chief of Staff

Fenton Law Group recently won a case on behalf of a Hospital Chief of Medical Staff who was at risk of being fined by the California Medical Board for not reporting sanctions imposed upon a physician under his authority. The Medical Board subsequently filed a Petition for Reconsideration, arguing that the conduct of the physician in question was due to a medical disciplinary cause that would have required the Chief of Staff to file an 805 report. ...

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Fenton Law Group Successfully Defends Hospital Chief of Staff in Unique Medical Board Case

Fenton Law Group successfully defended a client, who is the Chief of Medical Staff of a Hospital and Hospital District, in a case seeking to impose fines for not reporting sanctions to the Medical Board that were imposed upon a physician under the Chief of Staff’s authority. The sanctions imposed on the physician under the Chief of Staff’s domain stemmed from various violations. Notably, this was the first case in which the California Medical Board sought to penalize a Chief of Staff, and in effect a Hospital and Hospital District, for not reporting such sanctions. After a two day evi...

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Ben Fenton and Summer Main Successfully Obtain Reinstatement for Suspended Surgeon

Ben Fenton and Summer Main successfully represented a surgeon who had been summarily suspended by his primary hospital. During a trial on the summary suspension, Ben and Summer successfully persuaded the medical staff members who served as the triers of fact to reverse the summary suspension and reinstate their client immediately to the medical staff. This was a meaningful victory for the surgeon, as his practice had diminished substantially as a result of the suspension....

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Henry Fenton and Randy Hsieh Successfully Obtain Settlement for Dentist Client Accused of Negligence

Henry Fenton and Randy Hsieh successfully obtained a settlement for a dentist accused by the California Board of Dentistry of repeated acts of negligence, incompetence, gross negligence, and dishonesty. Fenton Law Group settled the case with no admissions of wrongdoing, avoiding further expenses and uncertainty. The only sanctions imposed by the settlement were a reprimand, an agreement for participation in a continuing education program, and a minor cost, resulting in a very successful resolution for the client....

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Ben Fenton Successfully Defends Physician in Peer Review Hearing

Benjamin Fenton recently prevailed in a peer review hearing on behalf of a physician applicant to a major Southern California hospital. After a full trial, the hearing officer determined that the physician should be immediately placed on staff and, moreover, that the hospital should issue an apology to the physician for how the physician was treated by the hospital....

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Fenton Law Group Prevails in Simultaneous Anti-SLAPP Motions

Benjamin Fenton and Randy Hsieh successfully obtained an order granting a Code of Civil Procedure section 425.16 “Anti-SLAPP” motion in response to a defendant’s cross-complaint for damages filed against a physician, thereby dismissing the cross-complaint. In the same action, Benjamin Fenton and Randy Hsieh also defeated the defendant’s Anti-SLAPP motion filed against the physician. The matter was heard before the Los Angeles Superior Court. With resp...

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Fenton Law Group Successfully Defends Physician

Henry Fenton and Nick Jurkowitz successfully defended a physician, specializing and board certified in obstetrics and gynecology, in a Medical Board hearing against allegations of gross and repeated negligence. In light of the physician’s 19-year history of licensure without prior discipline, the Board ruled that inadequate record keeping was the sole punishable offense, for which only a reprimand was issued. The finding protected the physician, whose entir...

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Nick Jurkowitz Argues Case Before California Court of Appeals

On January 30, 2018, Nick Jurkowitz argued an important case of first impression before the California Court of Appeals 2nd District. The case involved a medical doctor, wrongly terminated from her residency program, who filed a lawsuit against the residency program and her program director alleging numerous violations, including violations of civil rights based upon violence and discrimination. The residency program moved to compel the action to arbitration, and the superior court granted the residency program’s p...

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Fenton Law Group Successfully Defends Pharmacy in Fraud Investigation

Henry Fenton, Alexandra de Rivera, Dennis Lee, and Herb Weinberg successfully represented INF Corporation, dba Star Pharmacy, in a fraud investigation in front of the California Department of Health Care Services (DHCS). The DHCS, after conducting its investigation and finding no fault, lifted INF's temporary suspension....

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