Q: Big-time doctor/hospital contract terms.
How to demand hospital-doctor contract, in comparison with comparable contracts and with fair market evaluation, in order to confront privilege objections by defense?
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- California
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A:
Under California law, if you need to demand a hospital-doctor contract for comparison with similar contracts and a fair market evaluation, you should start by making a formal written request. Address the request to the hospital’s legal or administrative department, clearly stating the purpose of your request and the specific documents you need. Be sure to reference any relevant laws or regulations that support your right to access this information.
If the hospital refuses to provide the contract, you can use legal discovery methods if you are involved in a lawsuit. File a motion to compel the production of the contract, arguing that it is essential for your case. Cite the necessity of comparing the contract terms with those of similar contracts to establish fair market value and to address any privilege objections raised by the defense.
To counter privilege objections, argue that the contract is not protected by privilege or that any privileged information can be redacted. Emphasize the importance of transparency and fairness in evaluating the terms of the contract. Additionally, you can seek the assistance of a mediator or court to review the contract in camera (privately) to determine if any information is privileged. Document all steps taken and communications to strengthen your position.
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