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What proof of affiliation between third-party business entity and person can be requested from hospital, if hospital disclosed to third-party entity data of hospital patient?
Person's name is known from records, who exactly generated records from software system, but his affiliation... View More 
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answered on Jun 19, 2024
In a situation where a hospital has disclosed a patient's data to a third-party entity, and you suspect that the person who accessed the records is affiliated with that third party, you may request the following information from the hospital to establish proof of affiliation:
1. Access... View More
How to initiate request for privilege log with defense, when request for privilege log is production request?
What statute/rule of court defines this process?
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answered on Jun 17, 2024
In California, the process for requesting a privilege log is governed by the California Code of Civil Procedure (CCP) and the California Rules of Court (CRC). Here are the relevant rules and statutes:
1. CCP § 2031.240 - Motion to Compel Further Response to Inspection Demand:
If a... View More
In this particular case, the question is not about defendant to depose plaintiff.
The question is about defendant's responses to 'produce person for deposition' in instead of disclosure of inquired identity.
In this case plaintiff cannot be obliged to depose a person,... View More
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answered on Jun 17, 2024
Under California law, a protective order is a court order that is designed to protect a person from harassment, stalking, or abuse. It can be used to prevent the defendant from contacting the plaintiff, coming near them, or engaging in other specified behaviors.
In the context of a legal... View More
Defendant hospital can find many triggers for objections. However, when subject matter of particular discovery responses is crucial for the case,
Motion to compel with demand to produce privilege log Is the only tool available to obtain any meaningful responses?
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answered on Jun 17, 2024
Under California law, when a defendant hospital objects to discovery requests and the subject matter of those requests is crucial to the case, filing a motion to compel along with a demand for a privilege log can be an effective tool to obtain meaningful responses. Here's why:
1.... View More
How defendant hospital can confront, appeal, or disobey court order to disclose contractual agreements with hospital providers?
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answered on Jun 17, 2024
Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:
1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.
2. Terms... View More
With depositions out of question: How to legally verify that hospital/provider contracts, disclosed by hospital are authentic?
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answered on Jun 17, 2024
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... View More
Absent court order, does hospital have obligation during discovery to disclose contracts with hospital provider?
If court order is necessary, what is the way to request court order, before privilege log is created?
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answered on Jun 17, 2024
Under California law, a hospital generally does not have an obligation to disclose contracts with hospital providers during discovery unless specifically requested and ordered by the court. These contracts may contain sensitive or privileged information, and the hospital may object to their... View More
Since it is known that defendant hospital can object disclosure of contract with provider, how to skip in discovery additional steps or delays;
and ask court to grant order to disclose contracts instead of - or in parallel - with production demand?
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answered on Jun 17, 2024
In California, you can request a court order to compel the disclosure of contracts between a defendant hospital and a provider through a motion to compel discovery. This process allows you to seek the court's intervention to obtain the desired documents without going through the typical... View More
Producing person by defense for deposition instead of verifiable data.
Isn't such response of defense burdensome, oppressing and harassing for in pro per plaintiff who propounds request for verifiable data or documents?
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answered on Jun 17, 2024
Under California law, the use of depositions as a means of obtaining information that could be more easily obtained through other discovery methods, such as interrogatories or requests for production of documents, can be considered oppressive, burdensome, and harassing, particularly for... View More
What statutes define that data: license #, degree, dates of employment of hospital provider;
Is discoverable not privileged, as long as relevant?
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answered on Jun 17, 2024
Under California law, certain information about healthcare providers, including their license number, degree, and dates of employment at a hospital, may be discoverable and not protected by privilege if the information is relevant to a legal case. The key statutes that address this are:
1.... View More
What rules of court are relevant to data disclosure during discovery
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answered on Jun 17, 2024
Under California law, there are several rules of court that are relevant to data disclosure during the discovery process. Here are some of the key rules:
1. California Code of Civil Procedure (CCP) Section 2019.040: This rule sets forth the scope of discovery, stating that parties may... View More
How defendant hospital can prevent, confront, or disobey court order to disclose contractual or employment record between hospital and providers?
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answered on Jun 17, 2024
To address a court order for disclosure of data, you can start by asserting physician-patient privilege, which may apply if the records contain sensitive patient information. Argue that the release of these documents would violate confidentiality agreements and patient privacy rights, as protected... View More
In order to achieve verifiable authentic data.
Contract or employment term with hospital provider includes identification of the person. Discoverable?
Is profession, license id included, degree, dob protected in discovery?
What data of hospital provider does not fall under... View More
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answered on Jun 16, 2024
In legal discovery in California, there are certain types of data related to hospital providers that are considered privileged and protected from disclosure, while other types of data are generally discoverable. Here's a breakdown:
Privileged data (generally not discoverable without... View More
In summary. Motion for in camera review of privilege log is served with motion to compel further; after privilege log was created by defendant in response to production request, that was included into plaintiff's discovery requests. Correct?
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answered on Jun 16, 2024
Yes, that is generally correct under California law. Here's a summary of the process:
1. The plaintiff serves discovery requests on the defendant, which may include requests for production of documents.
2. The defendant responds to the discovery requests and produces a... View More
Motion for protective order is not relevant for the situation.
Plaintiff requests defendant to create privilege log in production request and to disclose private information of individuals.
Can motion for camera review and motion for court order for disclosure of private data be... View More
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answered on Jun 16, 2024
Here are the steps I would recommend for handling this situation in California:
1. Serve the production requests and special interrogatories on the defendant. In the requests, ask the defendant to produce a privilege log identifying any documents withheld on the basis of privilege. Also... View More
During discovery, what verification of employment, or of contract with service provider hospital has to disclose?
How such production demand must be phrased to ensure authenticity?
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answered on Jun 16, 2024
Under California law, a party can request information about the affiliation of a healthcare provider with a hospital during the discovery process. This is typically done through a request for production of documents or interrogatories. To ensure the authenticity of the information provided, the... View More
Specific authorities, case law. Precedents of camera review for fraudulent unauthorized disclosure of medical information.
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answered on Jun 15, 2024
For the most accurate and up-to-date information, I would strongly recommend consulting with a licensed California attorney who specializes in health law and privacy matters. They will be able to research the relevant statutes, case law, and legal precedents and provide you with a detailed... View More
Res Ispa Loquiture in respect to fraud/unauthorized disclosure of medical info.
California case law does not appear to support applicability of Res Ispa Loquiture in respect to fraud/unauthorized disclosure of medical info.
Unless there specific authorities in support, inquired.
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answered on Jun 15, 2024
Under California law, the doctrine of res ipsa loquitur is typically applied in cases involving negligence, where the injury or harm would not ordinarily occur without someone's negligence, and the defendant had exclusive control over the instrumentality causing the injury. However, its... View More
What Codes are relevant in order to validate authenticity of personal information of hospital service providers in this situation:
Data is maintained by public or local agencies,
but I request within the discovery process identity attributes, business records (i.e. authentic... View More
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answered on Jun 15, 2024
In California, there are a few relevant codes and laws that pertain to validating the authenticity of personal information of hospital service providers, especially when the data is maintained by public or local agencies and requested within the discovery process. Here are the key relevant codes:... View More
Can you please provide link, sample, or phrasing that should be in motions:
- Motion for Court's order to Defendant hospital to disclose private information of hospital service providers, or providers of third party that hospital did business.
- Motion for camera review of privilege log.
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answered on Jun 15, 2024
Here are some sample motion phrases and links to resources that may be helpful for the two motions you described under California law:
Motion for Court's Order to Defendant Hospital to Disclose Private Information of Service Providers:
Key Phrases:
- Plaintiff... View More
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