Q: Such request is the same that discovery request?

A: Under California law, a request for authorization to release medical records served "for the purpose of litigation discovery" is not necessarily the same as a discovery request. Here's why:

1. Discovery requests: These are formal requests made by one party to another during a lawsuit to obtain information relevant to the case. Common types of discovery requests include interrogatories, requests for production of documents, and requests for admission.

2. Authorization to release medical records: This is a separate document that, when signed by the patient or their legal representative, allows healthcare providers to disclose the patient's medical records to the requesting party.

While an authorization to release medical records may be served in connection with a discovery request, it is a distinct document. The authorization itself does not constitute a discovery request; rather, it is a necessary step to obtain the medical records sought in a discovery request.

In summary, a request for authorization to release medical records served "for the purpose of litigation discovery" is related to the discovery process but is not the same as a discovery request under California law. The authorization is a separate document that permits the disclosure of medical records, which may be sought through a formal discovery request.

A: CA Health & Safety Code requires health care providers to safeguard and protect the privacy of a patient. (sec. 130203(a). Additionally, the California Confidentiality of Medical Information Act codified in 'Civil Code section 56-56.37' makes it unlawful to disclose patient medical information without proper authorization, except where emergent and legal exceptions apply.

It appears, in your case the request for authorization to release records states the 'purpose' i.e 'litigation discovery', which is consistent with Civil Code section 56.11(b) (4), (7), (which in part provides, the release must state the specific uses and limitations on the type of medical information, to whom and for what purpose). Authorization sought from you to release medical records is for the purposes of litigation and can only be used for litigation purposes. Is it the same as the discovery request? No, although it is sought to complete discovery before the party seeking it is prepared to move to the trial phase or summary judgment. Often, seeking reasons or looking for technical defects to avoid otherwise lawfully discoverable information, (which courts often order if a party moves to compel), can be counterproductive. The answer above is based on limited facts available, consult with a litigation attorney with experience in medical malpractice cases for advice/action.

A: Ordinary authorizations can be less formal than discovery under civil procedure rules. You find them in packages such as no-fault applications, long before any discovery might even be contemplated. Good luck