David Balfour has nearly two decades of experience representing clients in the healthcare sector on a wide range of issues including medical staff peer review proceedings, licensing proceedings, writ proceedings, State and Federal Court civil litigation, and related appellate proceedings. He represents hospitals, health systems, health plans, medical staffs, medical groups, and individual healthcare providers regarding litigation risks and best practices to avoid litigation exposure.
Additionally, David has represented numerous healthcare and ancillary care professionals before the various licensing boards of the State of California, including the Medical Board of California, the Board of Psychology, the Board of Behavioral Sciences, the Dental Board, the Board of Registered Nursing, the Pharmacy Board, and others. He has also represented physicians in connection with delistment proceedings by health insurers.
David has been included as an author in the 2019 Update for the CEB California Administrative Mandamus text on the topic of Procedures Unique to Special Writ Proceedings as it relates to Actions Involving the Medical Board of California.
- Represented Medical Staff of medical center in interactions with senior physician with competency concerns leading to the physician’s graceful retirement from practice.
- Defended hospital in litigation brought by physician whose medical staff privileges were terminated due to failure to comply with board certification requirements, resulting in physician’s dismissal of lawsuit after filing of anti-SLAPP motion.
- Represented chiropractor, owner of more than 30 chiropractic clinics, in prosecution by the Chiropractic Board for violation of corporate practice of chiropractic medicine allegations. Hearing before administrative law judge resulted in complete dismissal of all charges, and administrative law judge’s decision adopted as the order of the board.
- Defended physician in investigation and subsequent accusation by Medical Board of California following his arrest and conviction for DUI with aggravating circumstances, resulting in a complete dismissal of accusation following administrative hearing.
- Represented pain management physician in investigation by the Medical Board of California relating to death of patient from opioid use and the subsequent closing of file/investigation without further action.
- 05.27.2020 | Law360
- How to Provide Emergency Credentialing and Privileging for Healthcare Staff to Prepare for Surge in COVID-19 Patients03.17.2020 | Nossaman eAlert
- Long Shadow of Kibler to be Lengthened Further as California Supreme Court Addresses Application of Anti-SLAPP Statute in Peer Review10.29.2019 | Daily Journal
- Procedures Unique to Special Writ Proceedings Regarding Actions Involving the Medical Board of California2019 | CEB 2019 California Administrative Mandamus
- Department of Consumer Affairs Waives Physician Assistant Supervision Requirements to Make More Providers Available for COVID Surge05.06.2020 | The Health Law Ticker
- Attorney General’s Office Issues Opinion on the Definition of “Effective Date” as Used in Business and Professions Code Section 80504.23.2020 | The Health Law Ticker
- Medical Board of California Releases Draft Regulations for New Physician Health and Wellness Program11.11.2019 | The Health Law Ticker
- California Supreme Court Decides Wilson v. CNN: Court Rules No Categorical Exception to Anti-SLAPP Review for Discrimination and Retaliation Claims and Provides Encouragement for the Continued Use of Anti-SLAPP Motions in the Peer Review Context07.27.2019 | The Health Law Ticker
- 09.10.2018 | The Health Law Ticker
- 07.12.2017 | The Health Law Ticker
- 2020 California Association Medical Staff Services Education Series06.25.2020
- UC San Diego's Physician Assessment and Clinical Education Program07.30.2020 and 10.22.2020
- PBI EducationApril, June, August, October & December 2020
- California Ambulatory Surgery Association and Nossaman LLP's Managing the ASC Medical Staff03.05.2020
- Orange County Medical Association Educational Seminar02.25.2020
- CAMSS Managed Care Chapter February Meeting02.11.2020
- San Diego Association for Healthcare Risk Management Second Annual Conference08.08.2019
- San Diego Organization of Healthcare Leaders’ Fellow of the American College of Healthcare Executives Advancement Study Group Legal Session06.12.2019
- California Academy of Attorneys for Healthcare Professionals 2018 Fall Conference09.30.2018
- Quarterly Meeting of the Orange County Chapter of California Association of Medical Staff Services08.07.2018
- California Public Protection & Physician Health WorkshopOctober 2017 & November 2017
- Stuck in the Middle with You: The Role of Medical Staff Professionals in Hospital/Medical Staff InteractionsCalifornia Association Medical Staff Services, San Diego Chapter07.2017
- California Association Medical Staff Services 46th Annual Education Forum06.01.2017
- Southern California Association for Healthcare Risk Management, 37th Annual Education Conference05.05.2017
- California Association Medical Staff Services, San Diego Chapter01.2017
- Unstoppable Force Meets Immovable Object: At Will Physician Contracting vs. Common Law Right of Fair ProcedureCalifornia Association Medical Staff Services, Managed Care Chapter10.2016
- San Diego County Bar Association, Law & Medicine Section06.2016
- Southern California Association for Healthcare Risk Management, 36th Annual Education Conference05.05.2016
- Multiple Venues/Audiences2014-2015
Community & Professional
California Public Protection & Physician Health, Inc., Advisory Attorney to the California Physician Wellbeing Committees
American College of Healthcare Executives, San Diego Chapter, Legal Counsel (2016-2017)
California Academy of Attorneys for Healthcare Professionals, President (2016-2017)
California Society for Healthcare Attorneys, Member
San Diego County Bar Association, Law & Medicine Committee, Co-Chair (2006 – 2010)
California Association Medical Staff Services, Member
Genesis International Orphanage Foundation, President - Board of Directors
Honors & Recognitions
AV Preeminent® Peer Review Rated by Martindale-Hubbell for 2018
Top-Rated Lawyer by Avvo for 2018
Top Lawyers in San Diego, San Diego Magazine, 2013-2017
- University of California, Hastings College of the Law, J.D., 1999
- Yale University, B.A., 1996