Writs & Appeals
Nelson Hardiman’s world class team has comprehensive knowledge of the legal system to win writs and appeals for healthcare providers. In dealing with healthcare agencies, our writ proceedings compel compliance with the law. Widely recognized for our appellate practice, we have won landmark decisions for physicians and hospitals. As a leader in healthcare law, Nelson Hardiman’s pioneering use of writ proceedings and our appellate victories have established precedents that challenge administrative actions and expand the rights of healthcare providers.
At the state level, Nelson Hardiman handles writs of mandamus and administrative mandate proceedings against state agencies. At the federal level, Nelson Hardiman masterminds writ proceedings for clients who have no other options.
Nelson Hardiman has made significant contributions to the development of California healthcare law in state and federal appellate courts. We represent physicians and other healthcare providers in appeals concerning peer review, medical staff privileges, and rights against federal, state, and local government and third-party payors. Our highly skilled litigators have garnered precedent-setting appellate victories to resolve the legal challenges of healthcare providers.
Our Work Includes:
- Amicus Briefs We are frequently requested to file amicus briefs in leading healthcare cases.
- Claims Against Healthcare Network Persuaded the Ninth Circuit Court of Appeals that a physician may pursue state law claims against a healthcare network that had filed for bankruptcy. (Pomona Valley Medical Group, Inc. (2007))
- Hospital Appeal Reinstated a lawsuit against an insurance company (San Joaquin Hospital v. Pacificare)
- Landmark Appellate Victory Won a landmark victory in the California Supreme Court that established the precedent that a physician has a right to a hearing before being terminated or deselected by HMOs and insurance companies. (Potvin v. Metropolitan Life Insurance Company (2000))
- Physicians’ Rights Established the right of a physician to a hearing when his application for staff privileges was denied. (Hayes v. Cedars Sinai (2004))
- Physicians’ Rights Won a victory clarifying that the medical staff may not discipline a physician for wrongdoing unless they prove the allegations by a preponderance of the evidence. (Bode v. Los Angeles Metropolitan Medical Center (2009))
- Staff Privileges Established the right of a physician to maintain staff privileges at a hospital, while facing non-reappointment, until all internal remedies under the medical staff bylaws are exhausted. (Sahlolbei v. Providence Healthcare (2003))