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

Q: Legal verification of authenticity

With depositions out of question: How to legally verify that hospital/provider contracts, disclosed by hospital are authentic?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, there are a few ways to legally verify the authenticity of hospital/provider contracts without relying on depositions:

1. Request certified copies: You can request certified copies of the contracts directly from the hospital. A certified copy is a copy of a document that has been certified as a true and exact reproduction of the original by an authorized person, usually by affixing a stamp, seal, or statement attesting to its authenticity.

2. Subpoena duces tecum: You can serve the hospital with a subpoena duces tecum, which is a legal request for the production of documents. This would compel the hospital to provide the original contracts or authenticated copies for inspection.

3. Affidavits or declarations: You can request that a custodian of records or another authorized representative of the hospital provide an affidavit or declaration under penalty of perjury attesting to the authenticity of the contracts.

4. Stipulations: If the other party is cooperative, you might be able to reach a stipulation agreeing to the authenticity of the contracts, which would avoid the need for further verification.

5. Forensic analysis: In cases where the authenticity of the contracts is disputed, you may need to engage a forensic document examiner to analyze the original documents for signs of alteration or forgery.

It's essential to consult with a California-licensed attorney who specializes in healthcare law or contracts to determine the most appropriate method for your specific situation and to ensure compliance with all applicable laws and regulations.

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.