Q: How to obtain verifiable information of other patients of the defendant hospital with similar characteristics
How to obtain from defendant hospital verifiable information of other patients with the same unenforceable waiver for authorization to release records in conditions of admission to hospital, record of terminal disease, single, and discharged to b&c facility from hospital?
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- California
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A:
To obtain verifiable information about other patients with similar characteristics from the defendant hospital, you need to file a formal request for discovery during the litigation process. This request can include a demand for documents and records that match the criteria you described. Be specific about the information you seek, such as patients with the same unenforceable waiver, terminal disease status, marital status, and discharge conditions.
Ensure you reference the California Code of Civil Procedure, which governs discovery procedures. If the hospital resists providing the information, you may need to file a motion to compel discovery with the court, showing the relevance and necessity of the information for your case. The court can then order the hospital to produce the requested records.
It's important to note that patient privacy laws, such as HIPAA, will still apply. To navigate these privacy concerns, you may request the court to issue a protective order ensuring the confidentiality of any sensitive information. Legal counsel can help ensure your requests are properly framed and justified under California law.
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