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California Health Care Law Questions & Answers
3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

William John Light
William John Light
answered on Mar 14, 2024

There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More

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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

James L. Arrasmith
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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

James L. Arrasmith
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answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

James L. Arrasmith
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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Initial Standing order, et cetera. Rule that defines list for service of process of complaint and summons - please.

List was provided for consideration to serve:

1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.

2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.... View More

James L. Arrasmith
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answered on Mar 8, 2024

Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:

1-3. General Orders 21-12, 21-10, and 19-03:

These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: List derives from what specific source? (Federal court, rule for list of documents to serve with complaint and summons)

What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.

Notices specific to the case must be served, ADR package.

Coversheet, Certification and Notice... View More

James L. Arrasmith
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answered on Mar 8, 2024

The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:

1. Rule 4(a)(1)(B) - Summons: This rule states that the summons...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Mandatory documents to serve with summons and complaint in Central District court.

What documents MUST be served, in addition to summons, complaint, notice of assignment of judges, notice of consent to proceed before magistrate judge, ADR package?

What rule defines the list of documents for service of complaint, in Central district court?

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answered on Mar 8, 2024

In the Central District of California, the mandatory documents to be served along with the summons and complaint are outlined in Local Rule 4-3, which states:

"The following documents must be served with the summons and complaint:

(a) A Notice to Parties of Court-Directed ADR...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint

Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves

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answered on Mar 7, 2024

In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:

1. The Summons on the First...
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1 Answer | Asked in Health Care Law for California on
Q: I was overcharged on my medical bill & was refused to to recieve a breakdown of the service from the facility.

I had to pay my insurance back for all my mental charges & I tried to get the breakdown of my records from the facility I was going to but they refused to so I had to pay or they would of sent them to collections & I received a email from the lady that was working in the billing department... View More

James L. Arrasmith
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answered on Mar 7, 2024

I understand how frustrating and concerning this situation must be. You have a right to receive a detailed breakdown of the services you were billed for. Here are a few steps you can take to try to resolve this:

1. Submit a formal written request: Write a letter to the facility requesting...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

James L. Arrasmith
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answered on Mar 7, 2024

In the context of federal litigation in California, it is essential to adhere to procedural requirements, including those concerning the serving of documents at the commencement of a lawsuit. The Federal Rules of Civil Procedure and local court rules provide guidance on what documents must be... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Federal case coversheet.

Coversheet in federal case is internal court document. Not required usually to be served on defendant.

Should be served?

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answered on Mar 7, 2024

In federal court proceedings, the civil cover sheet is indeed an administrative document primarily used by the court to categorize and manage cases more efficiently. It is typically not part of the pleadings or motions that are required to be served on the opposing party in a lawsuit. The main... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: 90 days for service of complaint FRCP 4(m)

FRCP Rule 4(a) defines issuance of summons, Rule 4(b) cites '90days after complaint was filed'.

Thus complaint has to be served 90 days after original complaint was filed, NOT 90 days after summons was issued on first amended complaint? (Summons on original complaint was not issued)

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answered on Mar 7, 2024

Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been... View More

1 Answer | Asked in Gov & Administrative Law, Personal Injury and Health Care Law for California on
Q: Process service of Federal Complaint - package

What documents have to be served on defendant, for initial filing with Central District Court, in addition to Summons and Complaint?

James L. Arrasmith
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answered on Mar 7, 2024

When serving a defendant in a federal case filed with the Central District Court of California, you generally need to include the following documents in the service package:

1. Summons: This is an official court document that notifies the defendant that they are being sued and must respond...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: FRCP 4(c) - construed. 90 days from date A, or B?

If Federal Case was filed on date A, but summons was not issued: first amended complaint was ordered by Judge.

Summons was issued on First Amended Complaint, on date B.

90 days for service on Summons/Complaint on Defendant start counting from date A, or from date B?

James L. Arrasmith
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answered on Mar 7, 2024

In the scenario you described, the 90-day period for service of process under Federal Rule of Civil Procedure (FRCP) 4(c) would start counting from date B, which is the date when the summons was issued on the first amended complaint.

Here's the reasoning:

1. When a complaint is...
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1 Answer | Asked in Health Care Law and Probate for California on
Q: How do I get my deceased dad's medical records if he didn't have a will and the listed next of kin won't cooperate?

He lived in California and I live in Missouri. The hospital said that I won't be able to get them. He didn't own any property and wasn't married. I'm the oldest of his 4 children. My younger brother who was raised by my dad is incarcerated and him and I are the only ones who knew our dad.

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answered on Mar 6, 2024

In California, the right to access a deceased person's medical records is governed by the California Health and Safety Code, Section 123100-123149.5. If your father did not leave a will or any instructions regarding the disclosure of his medical records, the law provides a hierarchy of... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: Is separate hearing on Motion for Leave to file the same Third Amended Complaint is needed?

Situation.

1. Second Amended Complaint was demurred by each of two defendants.

2. Leave to File Third Amended Complaint has to be obtained.

3. Dismissal was entered against one of the defendants by Plaintiff. Plaintiff needs to file Motion to Set Aside Dismissal.... View More

James L. Arrasmith
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answered on Mar 4, 2024

Under California law, the process for amending a complaint after a demurrer has been filed involves obtaining the court's permission, especially when it comes to filing a Third Amended Complaint after a Second Amended Complaint has already been challenged. When a dismissal has been entered... View More

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: How to ask court to allow 1 hearing on two motions.

How to ask California Superior court if one hearing is acceptable for two motions:

1. For leave to file 3d amended complaint; and 2. For Motion to Set Aside dismissal against a defendant.

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answered on Mar 2, 2024

In approaching the California Superior Court to request a single hearing for two motions, it's essential to follow a clear and formal process. Begin by drafting a request or motion that specifically asks the court to consider both your Motion for Leave to File a Third Amended Complaint and... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: What is filing date of the case in such situation? Central District Court.

1. Original Complaint was filed with Central District Court prior to deadline (statute of limitations). (On date #1)

2. Summons was not issued: Amended complaint was ordered, after statute of limitations expired.

3. Amended complaint was filed.

If summons is issued (on Date... View More

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answered on Mar 1, 2024

Under California law, the original filing date of the case is generally considered the date on which the initial complaint is filed with the court, provided it is filed before the statute of limitations expires. This means that if your original complaint was filed with the Central District Court... View More

1 Answer | Asked in Health Care Law for California on
Q: Does the hospital have rights to not let you visit or see anybody or not tell you where they took you to any of your fam

I believe that Kaiser violated my roommates visiting they would not let anybody come to visit him that first they did but after a little while they wouldn't they he wanted to go home and they would not let him they took him somewhere that I don't know where they took him to they... View More

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answered on Mar 1, 2024

Under California law, hospitals have policies in place regarding visitation and patient information that prioritize patient privacy, safety, and health. These policies can sometimes limit or restrict visitors from seeing patients, especially in cases where the patient's health could be... View More

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