Kerlan-Jobe Files $150M Lawsuit Against Cedars-Sinai: What It Means for Patients

The Kerlan-Jobe Orthopaedic Clinic, a name synonymous with sports medicine excellence and the pioneer of the revolutionary Tommy John surgery, has recently filed a staggering $150 million lawsuit against Cedars-Sinai Medical Care Foundation, Santa Monica Orthopaedic and Sports Medicine Group (SMOG), and several top executives. This legal battle, unfolding in the Los Angeles County Superior Court, has sent ripples through the medical community and raises critical questions about patient care, hospital ethics, and the future of specialized medical practices. But what does this mean for patients? Let’s delve into the details of this complex case and explore its potential impact.

The Allegations: A Decades-Long Scheme

At the heart of the lawsuit lies the allegation that Cedars-Sinai engaged in a “decades-long scheme” to unlawfully appropriate Kerlan-Jobe’s reputation, intellectual property, assets, and patient base without providing any compensation. Kerlan-Jobe claims that Cedars-Sinai, despite its non-profit status, prioritized profits over patient care, orchestrating an “underhanded scheme” to crush Kerlan-Jobe. The lawsuit alleges that Cedars-Sinai, in collaboration with SMOG, engaged in several unlawful actions, including:

Preventing patients from scheduling appointments with Kerlan-Jobe doctors: The lawsuit claims that Cedars-Sinai misled the public by presenting itself as Kerlan-Jobe, while simultaneously blocking patients from accessing Kerlan-Jobe physicians.
Unlawfully profiting from Kerlan-Jobe’s assets: Kerlan-Jobe alleges that Cedars-Sinai seized control of its key assets, brand, and intellectual property without any compensation.
Poaching Kerlan-Jobe physicians: Cedars-Sinai is accused of coercing Kerlan-Jobe physicians to join SMOG, violating non-compete agreements and fiduciary duties.
Retaliating against dissenting physicians: The lawsuit states that physicians who opposed Cedars-Sinai’s actions were punished, and their practices were undermined.

These actions, according to Kerlan-Jobe, have left the clinic with limited resources and only three non-disqualified physicians to rebuild its practice. The lawsuit also claims that as of November 1, 2024, Kerlan-Jobe has no ability to bill for patient services and no control over its phone lines or websites.

What Does This Mean for Patients?

The implications of this lawsuit for patients are significant and multifaceted. Here’s a breakdown of the potential impacts:

Disruption of Care: The alleged actions by Cedars-Sinai have already disrupted patient access to Kerlan-Jobe physicians. Patients who rely on Kerlan-Jobe’s specialized care may face difficulties scheduling appointments or finding alternative providers with similar expertise.
Potential for Misleading Information: The lawsuit claims that Cedars-Sinai has been misleading the public by presenting itself as Kerlan-Jobe. This could lead to confusion among patients seeking care and potentially result in them receiving treatment from providers who do not have the same level of specialization or experience.
Concerns about Profit-Driven Healthcare: The lawsuit raises concerns about the prioritization of profits over patient care within non-profit healthcare institutions. If the allegations are proven true, it could erode public trust in the healthcare system and raise questions about the ethical responsibilities of hospitals.
Impact on Specialized Medical Practices: The outcome of this lawsuit could have far-reaching implications for specialized medical practices. If a large hospital system can allegedly seize the assets and patient base of a smaller practice without consequence, it could discourage innovation and limit patient choice.
Patient Rights: This case underscores the importance of patient rights, including the right to choose their healthcare provider, the right to informed consent, and the right to receive care that meets the applicable standard of care. It also highlights the potential for conflicts of interest within the healthcare system and the need for greater transparency and accountability.

Understanding Medical Malpractice and Patient Rights

This lawsuit, while not a typical medical malpractice case, touches upon several aspects of patient rights and medical negligence. It’s crucial for patients to understand their rights and the legal recourse available to them.

Medical Malpractice: Medical malpractice occurs when a healthcare provider’s negligence causes harm to a patient. This can include misdiagnosis, surgical errors, medication errors, and failure to provide proper care.
Standard of Care: Patients have the right to receive care that meets the applicable standard of care, which is defined as what a reasonably careful healthcare provider would do under similar circumstances.
Informed Consent: Patients have the right to be fully informed about their medical condition, treatment options, potential risks, and alternatives before consenting to any medical procedure.
Statute of Limitations: In California, the statute of limitations for medical malpractice lawsuits is generally one year from the date the patient knew or should have known about the injury, with a maximum of three years from the date of the injury.

What Can Patients Do?

If you believe your patient rights have been violated or that you have been a victim of medical negligence, here are some steps you can take:

Consult with a Medical Malpractice Attorney: An experienced attorney can evaluate your case, explain your legal options, and guide you through the complex legal process.
Gather Evidence: Collect all relevant medical records, communications, and any other documentation that supports your claim.
File a Complaint: If you have a valid claim, your attorney can help you file a complaint with the appropriate court.
Seek a Second Opinion: If you are unsure about your diagnosis or treatment plan, seek a second opinion from another qualified healthcare provider.
Report Violations: If you believe a healthcare provider has violated your rights, you can report the violation to the relevant medical licensing board.

Finding the Right Medical Malpractice Attorney

Choosing the right attorney is crucial for a successful outcome in a medical malpractice case. Here are some tips for finding a qualified attorney:

Seek Referrals: Ask friends, family, or other attorneys for referrals.
Check Bar Association Standing: Ensure the attorney is in good standing with the local and state bar associations.
Look for Experience: Choose an attorney with extensive experience in medical malpractice litigation and a proven track record of success.
Read Reviews: Check online reviews to see what other clients have to say about the attorney.
Contingency Fee Basis: Look for an attorney who works on a contingency fee basis, meaning you only pay if they win your case.

Conclusion

The Kerlan-Jobe lawsuit against Cedars-Sinai is a complex legal battle with significant implications for patients. It highlights the importance of patient rights, ethical healthcare practices, and the need for accountability within the medical system. While the legal process unfolds, patients must remain informed, proactive, and empowered to protect their rights and seek the best possible care.

If you have concerns about your medical care or believe your rights have been violated, don’t hesitate to seek legal advice. Contact our firm today for a free consultation. We are committed to fighting for the rights of patients and ensuring that they receive the justice they deserve.