Writs
In dealing with state and federal healthcare agencies, Fenton Nelson regularly files writ proceedings to compel compliance with the law. At the state level, Fenton Nelson has significant experience in writ of mandamus and administrative mandate proceedings against various state agencies, including the California Department of Health Care Services, Medical Board of California, and others. California law affords two primary avenues of recourse: Code of Civil Procedure Section 1085, which permits challenges to arbitrary and capricious failures to perform ministerial duties, and Section 1094.5, which allows recourse when administrative hearings are conducted unfairly or end in results that do not comport with the evidence presented. In addition to use of writ proceedings against governmental entities, occasionally, Fenton Nelson utilizes mandamus proceedings to challenge private administrative actions by hospitals and others.
At the federal level, Fenton Nelson has made pioneering use of writ proceedings on behalf of clients who cannot obtain satisfactory relief in the ordinary course of administrative practice.
At the federal level, Fenton Nelson has made pioneering use of writ proceedings on behalf of clients who cannot obtain satisfactory relief in the ordinary course of administrative practice.
