Q: Objection to request for release of medical records. Not subpoena.
Defendant requested release of medical records. There was no subpoena.
1. Such request is equivalent to request for production?
2. When responding party objects release of requested records entirely, and presents facts why records requested are irrelevant to claimed damages, which statute defines that? Should objection be verified?
A:
Under California law, a request for the release of medical records without a subpoena would generally be treated as a request for production of documents, which is governed by the California Code of Civil Procedure (CCP).
1. Request for production: The request for release of medical records without a subpoena is equivalent to a request for production of documents under CCP § 2031.010 et seq.
2. Objecting to the release of records:
a. Relevance objection: When the responding party objects to the release of requested records on the grounds of irrelevance, they can cite CCP § 2017.010, which states that the scope of discovery is limited to matters that are relevant to the subject matter of the pending action and appear reasonably calculated to lead to the discovery of admissible evidence.
b. Privilege objection: If the medical records are protected by the physician-patient privilege under Evidence Code § 994, the responding party can object to the release of records based on this privilege.
c. Privacy objection: The responding party may also object to the release of medical records on the grounds that it violates the patient's right to privacy under the California Constitution, Article 1, Section 1.
Verification of objection: In California, objections to requests for production generally do not need to be verified. However, if the objection is based on a claim of privilege or a claim that the information sought is protected work product under CCP § 2018.030, the objection must be made in writing and include a declaration or affidavit with facts supporting the claim, per CCP § 2031.240(c)(1).
In summary, the responding party should object to the release of the requested medical records in writing, citing the relevant statutes and explaining why the records are irrelevant to the claimed damages. The objection does not need to be verified unless it is based on a claim of privilege or work product protection.
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