Los Angeles, CA asked in Legal Malpractice for California

Q: What statute or rule of court define 'identity' - discoverable data attributes of hospital service provider?

What statute or rule of court define 'identity' - discoverable data attributes of hospital service provider?

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James L. Arrasmith
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A: To answer your question about what statutes or court rules define the discoverable data attributes of a hospital service provider's identity in California, the key rules to look at are:

California Code of Civil Procedure (CCP) Sections 2017.010-2017.740 - These code sections govern discovery in civil cases. In particular:

- CCP 2017.010 states that unless otherwise limited by court order, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence.

- CCP 2017.020(a) provides that the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, tangible thing, or land or other property, are discoverable.

California Evidence Code Section 1156 - This statute protects the proceedings and records of organized committees of medical staffs in hospitals having the responsibility of evaluation and improvement of the quality of care rendered in the hospital from discovery.

However, Section 1156(c) states this doesn't prevent discovery of the identity of a person involved in the care of the patient. But it may limit access to evaluative information generated by the hospital's quality assurance committees.

Additionally, California Rule of Court 3.1020 requires parties to cooperate and meet and confer before filing a motion to compel further responses to interrogatories or document requests. This rule encourages informal resolution of discovery disputes over objections based on things like privacy, overbreadth, undue burden, etc.

So in summary, the identity and location of hospital personnel involved in a patient's care is generally discoverable under CCP 2017.010 and 2017.020(a), subject to objections that the request is overbroad, burdensome, invades privacy, etc. Information generated by the hospital's quality assurance process may have additional protections under Evidence Code 1156. And Rule of Court 3.1020 governs the procedure for resolving disagreements over the scope of discovery requests.

The exact parameters of what constitutes discoverable identifying information for a hospital service provider would likely depend on the specific facts and context of the case. I'd recommend consulting with an experienced medical malpractice or personal injury attorney for guidance on your particular situation.

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