DANIEL O. JAMISON

Daniel O. Jamison

Daniel Jamison is Chair of our health care practice group working out of our Fresno office. His 41 years of law practice encompass a wide variety of trial practice in business disputes, land use issues, insurance litigation and complex healthcare litigation. Early in his career, Dan represented the defendants in a historical “wrongful life” case before the California Supreme Court, which case significantly restricted the type of damages available for such cases. He has represented hospitals and physicians in a wide variety of healthcare disputes that include, among others, government obligations for indigent care, physician discipline, and closed departments. His trial practice has also included, among the others noted above, eminent domain, development fees (for the developer and for the public entity), title matters, CEQA, traditional and administrative mandamus, and healthcare antitrust.

Growing up with a father as a lawyer (see his op-ed in The Fresno Bee: “Ollie, the hound and life’s lessons”), a great grandfather as a lawyer, as well as a lawyer brother, after majoring in philosophy in college, Dan saw a career in the law as a good fit.  He enjoys finding creative and practical solutions to complex problems for his clients – and winning in court if that is the only way to resolution.

Having represented Fresno’s Community Medical Centers in litigated matters and other disputes for many years, Dan was asked to and served in the late 1990’s and early 2000 as outside General Counsel for this hospital system, which at the time was Central California’s largest healthcare systems, consisting of three general acute care hospitals and had over 5,000 employees. In this capacity, Mr. Jamison became intimately familiar with, among other matters, the fraud and abuse laws and regulations, as well as other regulations that are uniquely applicable to hospitals and healthcare providers. From this experience, Dan brings rare practical knowledge to the needs of healthcare providers for legal services, such as HIPAA, healthcare fraud and abuse, eminent domain, insurance and land use.

Dan enjoys working out, volunteer work with the Civic Learning Partnership and Fresno Business Council, writing articles and op-eds, doing CLE programs, reading, good TV and travel.

Education

  • J.D., University of California, Davis School of Law
  • B.A., University of California, Berkeley
  • Member, Honors Intramural Moot Court Championship Team

Areas of Practice

Experienced, forward-thinking advocates who go beyond the expected for clients in dispute prevention and resolution.

Our health care attorneys serve a range of clients within the ever-expanding realm of healthcare law.

OTHER EXPERIENCE

  • Insurance
  • Land Use

Representative Cases

  • Home Builders Ass’n of Tulare/Kings Counties, Inc. v. City of Lemoore 185 Cal. App. 4th 554 (2010). In this case, Daniel O. Jamison defended the City of Lemoore and its City Council in its Official Capacity against the Home Builders Association’s allegation that multiple impact fees (East and West Side Fire, Police, NonQuimby Park Land Acquisition, Park Improvement, Municipal Facilities, Community Recreation, and Refuse Vehicle and Container Impact Fees) and two Quimby-related enactments (Quimby Ordinance and Quimby Fee in Lieu of Land Dedication) were illegal. The Home Builders Association also alleged that the City’s collection, administration and accounting for impact fees were unlawful. The trial court found in favor of the City on all issues except for the Park Improvement Fee, which the trial court determined was preempted by the Quimby Act. On the Home Builders Association’s appeal, save for the East Side Fire Impact Fee, the Court of Appeal affirmed the judgment of the trial court.
  • Unnamed Physician v. Board of Trustees (2001) 93 Cal. App.4th 607, 113 Cal. Rptr. 2d 309. In this case, Daniel O. Jamison sought mandamus on behalf of the Unnamed Physician to compel a hospital and its medical staff to comply with certain of the physician’s fair hearing rights codified in California Business & Professions Code Sections 809 et seq. The trial court summarily denied mandamus. While the case was on appeal, the hospital and medical staff complied in large measure with the physician’s requests, thereby rendering the appeal moot. The Court of Appeal nevertheless noted that compliance with the code sections that were in issue before the appeal became moot could be compelled by mandamus without exhausting administrative remedies and awarded costs to the physician.
  • Major v. Memorial Hospitals Association (1999) 71 Cal. App.4th 1380, 84 Cal. Rptr. 2d 510. In this case, three anesthesiologists, one of whom was African-American, sued the hospital and others when an exclusive contract was awarded to a competing group of anesthesiologists who chose not to offer the three plaintiffs subcontracts to continue practicing. The three anesthesiologists alleged violation of the Unruh Civil Rights Act, breach of contract, civil conspiracy, and tortious interference with professional business relationships. After a trial lasting approximately four months, Daniel O. Jamison successfully defended the hospital, a former CEO and a former Chief of Staff on all claims. The Court of Appeal affirmed the judgment, expressly reaffirming the Mateo-Woodburn (see below) decision and rejecting the plaintiffs’ assertion that a hospital has a legal obligation to offer an incumbent physician a position in the closed department.
  • Mateo-Woodburn v. Fresno Community Hospital (1990) 221 Cal.App.3d 1169, 270 Cal. Rptr. 894. Daniel O. Jamison successfully represented Fresno Community Hospital and certain of its officers in this action brought by several anesthesiologists to enjoin Fresno Community Hospital from granting an exclusive contract for the operation of its anesthesia services. The physicians also sought damages. The case established that a department of anesthesia can be reorganized to the exclusion of staff anesthesiologists when the reorganization is not based on the competency, qualifications, or character of the excluded physicians, but is instead directed at organizational deficiencies that are repugnant to high quality patient care.
  • Paredes v. County of Fresno (1998) 203 Cal.App.3d 1, 249 Cal. Rptr. 593. Daniel Jamison represented the County of Fresno in this action by certain citizen taxpayers to compel the county to take action against operators of small public water systems that were contaminated with DBCP above the State’s informal “action level” of 1 part per billion. The Court of Appeal affirmed the court’s order granting summary judgment for the county, holding that the “action level” was not an enforceable maximum safe drinking water standard and that Fresno County was otherwise acting lawfully.
  • Madera Community Hospital v. County of Madera (1984) 155 Cal.App.3d 136, 201 Cal.Rptr. 768. Daniel Jamison successfully appealed the trial court’s refusal to grant Madera Community Hospital’s petition for a Writ of Mandamus commanding Madera County to adopt a program for indigent healthcare under Welfare and Institutions Code Section 17000. The case established that private hospitals have standing to enforce a county’s obligation to provide healthcare to indigents. Madera County ultimately was ordered to adopt an indigent healthcare program that took Madera Community Hospital into account. A long-lasting contract satisfactory to both parties was then entered into.
  • City of Fresno v. Frampton (1983) 560 F. Supp. 31 (E.D. Cal. 1983). Daniel Jamison represented Fresno-Merced Counties Legal Services, Inc., and certain of its attorneys in a suit for malicious prosecution brought against them by the City of Fresno and certain of its police officers. The court granted the defendants’ motion to dismiss for lack of federal subject matter jurisdiction, noting that federal jurisdiction is not present in a suit for malicious prosecution merely because the city and police officers were required to show that defendants lacked probable cause to sue them under federal law.
  • Turpin v. Sortini (1982) 31 Cal.3d 220, 182 Cal. Rptr. 337. In this historical case, Daniel O. Jamison obtained from the California Supreme Court under Chief Justice Rose Bird a severe restriction on the amount of damages recoverable against healthcare providers in so-called wrongful life lawsuits. Under this case, California law potentially permitted a child whose physician had failed to diagnose a hereditary defect in an older sibling to sue for millions of dollars in general damages on the ground that the younger sibling, who suffered the same hereditary defect, would not have been conceived by the parents had they known of the hereditary defect. This case eliminated exposure to such damages for these types of cases.

Awards and Honors

  • Marquis Who’s Who in America
  • Marquis Who’s Who in American Law
  • Marquis Who’s Who in the World
  • Super Lawyers®
  • American Health Lawyers Association
  • “Best Attorneys in Fresno,” Fresno Magazine, 2008
  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell

Articles And Presentations

  • Op-ed, “Proposed ethnic studies curriculum will create division, not make for an education,” The Fresno Bee, September 11, 2019
  • Op-ed, “American democracy has withstood crises before, but an educated citizenry is key,” The Fresno Bee, June 17, 2019
  • Op-ed, “Electronic health records: Useful information or bad “aligatorithms,” The Fresno Bee, March 27, 2019
  • Op-ed, “Care for Those With Serious Mental Illness is Now Possible in California,” The Fresno Bee, January 22, 2019
  • Speaker, “Stress and the Legal Profession,” San Joaquin College of Law Alumni Association, 2019
  • Speaker, “HIPAA for Lawyers: Does HIPAA Apply to Attorneys?” Central Valley Chapter La Raza Lawyers Association, 2019
  • Op-ed, “The Excesses of Political Parties Threaten the American Experiment,” The Fresno Bee, November 23, 2018
  • Op-ed, “Would you worry if we refused to fill 18 Senate seats?” The Modesto Bee, August 2, 2018
  • Op-ed, “Cicero’s Warning,” The Daily Journal, August 21, 2018
  • Op-ed, “President Trump, Congress Must Fill Critical Vacancies for Judges in Federal Courts,” The Fresno Bee, August 4, 2018
  • Op-ed, “The Value of a Civics Education v. A Dependence on Metrics and Outcomes,” The Fresno Bee, June 16, 2018
  • Op-ed, “Today the Fridge Cam, tomorrow our Liberty?" The Fresno Bee, March 21, 2018
  • Co-presenter; Dialog on Race, multiple civic and educational groups, 2018-2020
  • Keynote Speaker, East Fresno Kiwanis Foundation Scholarship Fund Dinner, 2018
  • Panelist, “How to Stay on the Right Side of Fraud and Abuse Laws and What to Do When They Claim You’re Not,” Fresno-Madera Medical Society, 2018
  • Speaker, “Common Sense and Cross-Examination,” Central Valley Chapter La Raza Lawyers Association, 2018
  • Op-ed, “We Don’t Want to Talk About Race, but Fresno County needs the discussion,” The Fresno Bee, December 29, 2017
  • Op-ed, “Who’s Buried in Madison’s graveyard?” The Business Journal, October 27, 2017
  • Op-ed, “Who’s to blame for America’s lousy character?” The Fresno Bee, July 2, 2017
  • Op-ed, “How to achieve a lasting, bipartisan solution to health care,” The Fresno Bee, May 19, 2017
  • Op-ed, “Will racial divisions be fatal to American Democracy?” The Fresno Bee, March 2, 2017
  • Op-ed, “Thanks to Latin, I’m still ‘practicing’ law,” The Fresno Bee, December 1, 2016
  • Op-Ed, “Pitchforks, clubs and the Constitution,” The Fresno Bee, September 18, 2016
  • Op-Ed, “AI shapes new worlds, abandons the real one,” The Mercury News, July 22, 2016
  • Op-Ed, “Achieving Consensus on Changes to Obamacare will not be easy,” The Fresno Bee, June 12, 2016
  • Op-Ed, “ ‘Tweets’ of the Founders,” The Fresno Bee, March 20, 2016
  • Op-Ed, “Is Obamacare a Mistake?” The Fresno Bee, January 11, 2016
  • Speaker, “Common Sense and Cross-Examination,” Fresno County Women Lawyers, 2016
  • Speaker, “Direct and Cross-Examination,” Central California Legal Services, 2016

PROFESSIONAL AND COMMUNITY ACTIVITIES

  • Member, State Bar of California
  • Member, Fresno County Bar Association
  • Member, State Bar of California
  • Member, American Bar Association
  • Member, Federal Bar Association
  • Member, California Society for Healthcare Attorneys
  • Listed on California Society for Healthcare Attorneys List of Trained Hearing Officers
  • Member, American Health Lawyers Association
  • Member, Association of Business Trial Lawyers, San Joaquin Valley

ADMISSIONS

  • California