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SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.
Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More 
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answered on Jun 26, 2024
This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.
Here's some advice to consider:
1. Replacing a lawyer this close to your hearing date is possible but can be risky:
- It may be difficult to find a new... View More
Is it customary to propound interrogatory regarding restrictive covenants in hospital/doctor contract, in addition to demand for production of full unredacted contractual agreement?
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answered on Jun 25, 2024
To answer this question, we need to consider a few aspects of legal discovery in contract disputes, particularly in the healthcare context:
1. Interrogatories: These are written questions that one party sends to another during the discovery phase of a lawsuit. They can be used to gather... View More
She was project director for AbbVie Pharmaceutical in Irvine making good money until she got invited to a James Bond themed party and somebody slipped her something and she has been like this since. She has been in 5 behavioral hospitals since, there’s alot more but thanks
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answered on Jun 24, 2024
I'm sorry to hear about your daughter's difficult situation. This is a complex issue that involves both legal and health considerations. Here's some general guidance, but please note that specific legal advice would require consulting with a lawyer familiar with California tenant... View More
When ESI records are requested not limited to email communication, what statutes for verification of authenticity of records are in relevance?
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answered on Jun 24, 2024
This question relates to the authentication of electronically stored information (ESI) records in California legal proceedings. Here's a concise overview of the relevant statutes:
1. California Evidence Code Section 1400-1402: These sections provide general rules for authentication of... View More
Can Plaintiff demand Defendant to produce electronically stored information pursuant to CCP § 2031.280?
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answered on Jun 24, 2024
Yes, a plaintiff can generally demand that a defendant produce electronically stored information (ESI) pursuant to California Code of Civil Procedure (CCP) § 2031.280.
Key points about CCP § 2031.280 and ESI production:
1. ESI inclusion: This section specifically addresses the... View More
Defense claims records of events crucial for case do not exist, but plaintiff has documents that events resulted into (evidence). Records of events were destroyed, or did not exist.
Does demand for in-person inspection have advantage vs demand for production of records with consequent... View More
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answered on Jun 24, 2024
To address this question effectively, let's break it down into key points and consider the legal implications:
1. Preservation notice: This is a crucial first step in any litigation to prevent the destruction of relevant evidence. If a proper preservation notice was sent, the... View More
demand for inspection is made, including but not limited to hospital EHR system (electronic records), system logs and reports of plaintiff's records.
How demand should be phrased in order to ensure comprehensive preparation by both parties for inspection on hospital premises, or at... View More
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answered on Jun 23, 2024
To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:
1. Specify the scope:
- Clearly... View More
Hospital is defendant and owner of records. How demand for inspection of records, including esi should be phrased to ensure preparedness for inspection?
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answered on Jun 23, 2024
To ensure comprehensive preparation for a demand for inspection of records, including electronically stored information (ESI), from a hospital defendant in a California medical malpractice case, consider the following points when phrasing your demand:
1. Specify the scope:
- Clearly... View More
Section 2031.010 is specific as to inspection of documents. Why subpoena would be needed to inspect record or EHR system reports or logs on premises of hospital, or at any reasonable location?
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answered on Jun 23, 2024
To address this question, let's break it down and consider the relevant aspects of California law:
1. Section 2031.010 of the California Code of Civil Procedure:
This section allows a party to demand that another party produce and permit inspection and copying of documents,... View More
I could not obtain on this forum straight forward answer. It is apparent that attorneys can obtain direct access to opposing party's records on premises of the hospital. How it can be achieved, how demand must be phrased?
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answered on Jun 21, 2024
To gain access to the opposing party's medical records at a hospital in California, you need to follow specific legal procedures. Start by serving a subpoena duces tecum on the hospital, which commands the production of documents. This subpoena should clearly describe the records you need,... View More
Saw PCP on April 19 of this year for abdominal pain. Ordered ultrasound-showed nothing. Sent in an emergency referral to GI and ordered a CT scan. I saw the GI doctor on May 9. Before the CT scan was approved, I had to go to the ER because I was in severe pain (May 1). They told me the CT scan... View More
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answered on Jun 21, 2024
This situation sounds very frustrating and potentially concerning from a medical care standpoint. Here are some steps you could consider taking:
1. Document everything:
- Compile a detailed timeline of all your medical visits, treatments, and communications.
- Gather all... View More
What california evidence codes, statutes and rules are VERY specific
to certification of contents,
authentication and verification of documents under oath? (Originals or copies of documents)
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answered on Jun 21, 2024
To answer this question, we need to look at several specific California Evidence Codes and rules related to the certification, authentication, and verification of documents. Here are the most relevant provisions:
1. California Evidence Code Section 1400-1402: Authentication
These... View More
How attorneys obtain direct access to hospital historical records on premises?
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answered on Jun 20, 2024
To obtain direct access to hospital historical records on premises in California, attorneys typically need to follow these steps:
1. Obtain client consent: If representing a patient, get a signed HIPAA-compliant authorization from the client allowing access to their medical records.... View More
Why defense can allege that license id and dates of affiliation with hospital is private information?
If it objects to disclose, what are plaintiff's remedies other than subpoena and deposition?
What statements have to be included into motion to compel further in order to... View More
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answered on Jun 20, 2024
To obtain information from a hospital through a motion to compel further responses in California, you need to assert specific legal grounds. First, you must show that the information is directly relevant to the case and that the hospital's objections are not legally valid. Include references... View More
Defendant hospital objects to disclose identity of providers, claims that it is private data, and that I have to be specific in my request in definition of identity.
Thus I am interested to find out how section 2017.010 is construed in respect of identity that defendant has to disclose.... View More
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answered on Jun 20, 2024
Under California Code of Civil Procedure section 2017.010, you have the right to obtain information that is relevant to your case. This includes the identity of providers involved in your care at the defendant hospital. The law allows for the discovery of facts and information that could lead to... View More
Upon response of defense to discovery requests, with demand of privilege log.
Is plaintiff required to request in camera review of privilege log, in addition to hearing on motion to compel further responses with enclosed privilege log.
Why additional motion for order to disclose... View More
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answered on Jun 19, 2024
Under California law, handling a privilege log and compelling further responses involves several steps, guided by case law and statutory provisions. When the defense asserts privilege in response to discovery requests, they must provide a detailed privilege log as outlined in the California Code of... View More
actual hospice fraud was chain of actions by provider, hospital, and undisclosed likely third party.
Actions include non-existent terminal diagnosis, unauthorized disclosure of records to undisclosed party.
How defendant hospital will prove unintentional chain of unfortunate... View More
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answered on Jun 19, 2024
This situation involving potential hospice fraud in Los Angeles raises several complex legal issues. Based on the details provided, here are a few key considerations:
Proving Unintentional Acts: The hospital will likely try to argue that the chain of events, while unfortunate, was... View More
How plaintiff can discover why plaintiff's conditions of admission to hospital included absurdly broad unenforceable waiver for authorization to release records? How to realistically discover if such conditions of admission were standards, or tailored based on some criteria?
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answered on Jun 19, 2024
To determine whether the conditions of admission with the broad waiver for authorization to release records were standard or tailored, you could take the following steps:
1. Request your medical records: Under the Health Insurance Portability and Accountability Act (HIPAA), you have the... View More
1. What statute or rule define
that person's professional license ID, degree, dates of employment with hospital is discoverable?
2. If interrogatory for such data is objected by defendant, and SI is not subject to privilege log;
What plaintiff's steps should be... View More
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answered on Jun 19, 2024
The discoverability of a person's professional license ID, degree, and dates of employment with a hospital in California is governed by the California Code of Civil Procedure (CCP) and the California Evidence Code (EC). Here are the steps a plaintiff can take to pursue this information:... View More
Shall review of privilege log in respect to demand for contract with hospital provider be in chambers?
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answered on Jun 19, 2024
Here is my response to the legal question:
Whether review of a privilege log with respect to a demand for contracts between a hospital and providers should be conducted in camera (i.e. in the judge's chambers) is a case-specific determination that depends on several factors:
1.... View More
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