Q: What statute defines procedure of objection to release of irrelevant medical records?
When objection to release of medical records is made on the basis of irrelevancy of documents sought, to the damages claimed in the lawsuit, what statute defines objection?
A:
In California, the primary statute that governs the procedure for objecting to the release of medical records on the grounds of irrelevance is Evidence Code section 994, which establishes the physician-patient privilege.
Under Evidence Code section 994, a patient has a privilege to refuse to disclose, and to prevent others from disclosing, confidential communications between the patient and their physician. This privilege extends to medical records that contain such confidential communications.
When a party to a lawsuit seeks to obtain medical records from another party, and the party whose records are being sought objects on the basis that the records are irrelevant to the damages claimed in the lawsuit, they can assert the physician-patient privilege under Evidence Code section 994.
The objecting party would typically file a motion to quash the subpoena or a motion for a protective order, citing Evidence Code section 994 and arguing that the records being sought are irrelevant to the issues in the case and therefore protected by the privilege.
The court would then consider the motion and the arguments of the parties and decide whether the records are indeed irrelevant and therefore protected by the physician-patient privilege, or whether they are sufficiently relevant to the case to justify their disclosure despite the privilege.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
