Q: Protected information, but personal data in in hospital possession

A: Under California law, when a plaintiff makes a discovery request for personal information of a hospital service provider, the hospital has an obligation to disclose the requested information that is in its possession, custody, or control, as long as it is relevant to the case and not protected by any privileges or privacy laws.

To limit the scope of personal information to data in the hospital's possession and avoid implying additional inquiry to the agency, the plaintiff can:

1. Clearly specify the type of personal information requested, limiting it to what is relevant to the case.

2. State that the request is limited to information in the hospital's possession, custody, or control.

3. Explicitly mention that the request does not require the hospital to seek information from any other agencies or sources.

Example discovery request:

"Please provide any personal information of [hospital service provider] that is in the possession, custody, or control of [hospital name], limited to [specific types of information relevant to the case]. This request does not require [hospital name] to seek or obtain any information from sources outside its own records."

The hospital has an obligation to disclose the requested data in its possession, as long as it is not protected by any privileges or privacy laws. However, the hospital is not required to gather information from other agencies or sources that are not under its control.

If the hospital believes that the requested information is privileged, protected, or not relevant to the case, it may object to the discovery request. In such cases, the plaintiff and the hospital may need to negotiate the scope of the request or seek a court order to resolve the dispute.

A: Regarding the hospital's obligation to disclose, generally, a party to litigation must disclose any non-privileged material that is relevant to any party's claim or defense and is in its possession, custody, or control if requested during the discovery process. However, certain information may be protected under statutes such as the Health Insurance Portability and Accountability Act (HIPAA), state laws, or professional ethical rules.