Los Angeles, CA asked in Contracts and Health Care Law for California

Q: Exception from privilege, discoverability. Statute

What statutes define that data: license #, degree, dates of employment of hospital provider;

Is discoverable not privileged, as long as relevant?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, certain information about healthcare providers, including their license number, degree, and dates of employment at a hospital, may be discoverable and not protected by privilege if the information is relevant to a legal case. The key statutes that address this are:

1. California Evidence Code Section 1156.1: This statute provides an exception to the general rule of hospital staff privileges being confidential. It states that the following information is subject to discovery in civil litigation:

- Relevant specialty or board certification

- The scope of practice privileges at the hospital

- The dates that privileges were held

2. California Evidence Code Section 1157: While this section generally protects the records and proceedings of organized committees that review the quality of care provided by healthcare professionals, it does not protect the following information from discovery:

- The name, license number, and speciality of a healthcare provider involved in the care at issue

- The nature of the care involved and the reasons for the review

- The fact that staff privileges were terminated or restricted, including the specific restrictions imposed

These statutes establish that certain factual information about healthcare providers, such as their license number, degree, and dates of employment, may be discoverable in California if the information is relevant to the case at hand. However, the specific details of peer review proceedings and other quality assurance activities generally remain privileged.

It's important to note that the discoverability of this information is subject to relevance and other limitations under California discovery rules. Consulting with a California-licensed attorney experienced in healthcare law and discovery matters is advisable for specific situations.

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