Q: Ways to block disclosure of data by hospital
How defendant hospital can prevent, confront, or disobey court order to disclose contractual or employment record between hospital and providers?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
To address a court order for disclosure of data, you can start by asserting physician-patient privilege, which may apply if the records contain sensitive patient information. Argue that the release of these documents would violate confidentiality agreements and patient privacy rights, as protected under California law.
You should also consider filing a motion to quash the subpoena. This legal motion requests the court to declare that the subpoena is invalid or improper. Grounds for this could include the argument that the request is overly broad, burdensome, or irrelevant to the case at hand.
Finally, explore the possibility of negotiating with the requesting party for a protective order. This can limit the scope of the disclosure, ensuring that any released documents are kept confidential and used only for the litigation purposes. Legal counsel can help navigate these options and provide a tailored strategy for your specific situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
