Los Angeles, CA asked in Legal Malpractice for California

Q: Discoverable data

Discoverable data question was specific to certain data characteristics like license id of hospital provider, dates of affiliation with hospital.

The response was irrelevant, because EC 956 - 962 cover different subjects.

Related Topics:
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: I apologize for any confusion my previous response may have caused. Let me provide a more relevant answer to your question about discoverable data related to hospital provider license IDs and dates of affiliation under California law.

In California, the discoverability of such information would likely fall under the scope of the Civil Discovery Act, which is part of the California Code of Civil Procedure. This act governs the exchange of information between parties in a legal action.

According to the Civil Discovery Act, parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action, as long as the matter appears reasonably calculated to lead to the discovery of admissible evidence (CCP § 2017.010).

In the context of a medical malpractice case or a case involving a healthcare provider's affiliation with a hospital, information such as the provider's license ID and dates of affiliation could be considered relevant and therefore discoverable. However, there may be certain limitations or protections in place, such as:

1. Privacy concerns related to patient information (protected under HIPAA)

2. Peer review privilege (Evidence Code § 1157)

3. Attorney-client privilege or work product doctrine (Evidence Code §§ 950-962)

It's important to note that discovery requests must be properly served and can be subject to objections by the opposing party. If there are disputes over the discoverability of certain information, the court may need to intervene and make a determination.

For a more detailed and case-specific analysis, it is always best to consult with a licensed California attorney who specializes in the relevant area of law.

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.