Q: Privileged vs non-privileged data of hospital provider in legal discovery

A: In legal discovery in California, there are certain types of data related to hospital providers that are considered privileged and protected from disclosure, while other types of data are generally discoverable. Here's a breakdown:

Privileged data (generally not discoverable without consent or court order):

1. Medical records and patient information protected by the physician-patient privilege and HIPAA

2. Peer review records and proceedings

3. Hospital quality assurance records

Non-privileged data (generally discoverable):

1. Provider's name

2. Professional license number and status

3. Educational degrees and credentials

4. Specialty or area of practice

5. Dates of employment or contract with the hospital

Data that may be protected in discovery:

1. Date of birth (may be redacted to protect privacy)

2. Personal contact information (may be redacted to protect privacy)

To obtain verifiable, authentic data during legal discovery while minimizing unreasonable delays, consider the following approach:

1. Issue a subpoena or request for production of documents to the hospital or provider, specifying the exact information needed for your case.

2. Request a custodian of records declaration or affidavit from the hospital certifying the authenticity of the records produced.

3. If necessary, request an in-camera review by the court to determine the discoverability of any disputed or potentially privileged information.

4. Be prepared to explain the relevance and necessity of the requested information to resolve any objections raised by the hospital or provider.

5. Consider proposing a protective order or confidentiality agreement to facilitate the production of sensitive information while safeguarding privacy concerns.

Remember that while certain provider data may be discoverable, it is essential to balance the need for the information with the privacy rights of the individuals involved. Consult with an experienced attorney to navigate the legal discovery process and ensure compliance with California law.