Los Angeles, CA asked in Medical Malpractice for California

Q: What is due date, if any, to respond to defendant's request for authorization

What is due date, if any, to respond to defendant's request for authorization to release medical records?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, there is no specific statutory deadline to respond to a defendant's request for authorization to release medical records. However, it is generally advisable to respond promptly to avoid potential delays in the legal proceedings.

In practice, the response time may be governed by:

1. Court orders: If the court has set a specific deadline for responding to discovery requests, including the authorization for release of medical records, you must comply with that deadline.

2. Local court rules: Some California counties may have local rules that set deadlines for responding to discovery requests. Check with your local court to determine if any such rules apply.

3. California Code of Civil Procedure (CCP) § 2031.260: While this section does not directly address medical record authorizations, it sets a 30-day deadline for responding to inspection demands, which are similar in nature. This 30-day timeframe might be considered a reasonable response time for medical record authorizations as well.

It is always best to consult with a licensed California attorney familiar with your specific case to determine the most appropriate course of action and to ensure compliance with any applicable deadlines or court orders.

Tobie B. Waxman
Tobie B. Waxman
Answered
  • Medical Malpractice Lawyer
  • Culver City, CA
  • Licensed in California

A: Usually, the request that you sign an authorization to release your records comes with its own stated deadline. Otherwise, I would assume you have 30 days. If you don't sign the authorization, they will subpoena your records anyway. Assuming this is your lawsuit (i.e. you filed a complaint for medical malpractice or you have made a pre litigation demand under CCP §364), it would be to your benefit to allow them access to your relevant medical records.

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