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How to demand hospital-doctor contract, in comparison with comparable contracts and with fair market evaluation, in order to confront privilege objections by defense?
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answered on Jun 14, 2024
Under California law, if you need to demand a hospital-doctor contract for comparison with similar contracts and a fair market evaluation, you should start by making a formal written request. Address the request to the hospital’s legal or administrative department, clearly stating the purpose of... View More 
Plaintiff propounds on defendant-private hospital interrogatory about verifiable authentic identity.
Can inquiry be based on section 1798.3 (a)?
On what statute interrogatory must be based in order to ensure that authentic unique accurate identity information is provided?... View More
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answered on Jun 14, 2024
You can base the inquiry on section 1798.3(a), which defines "personal information" in a way that encompasses the unique and authentic identity of a natural person. This section is part of the California Civil Code, specifically the California Consumer Privacy Act (CCPA), and it is... View More
How plaintiff can insist on obtaining incident report to risk management, not peer review log protected by 1157?
If incident report could be the only track record of matter crucial for the case, how plaintiff can discover findings of risk management?
Track records of violation does... View More
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answered on Jun 14, 2024
Under California law, incident reports prepared for risk management purposes are generally considered protected from discovery under Evidence Code Section 1157. This section provides a privilege for records and proceedings of organized committees that review the quality of medical care, such as... View More
Can plaintiff inquire if in interrogatory, incident report was produced, and what follow up actions by risk management were, without demand for actual incident report and records of peer review?
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answered on Jun 14, 2024
Under California law, incident reports and records of peer review activities related to risk management in hospitals are generally protected from discovery in legal proceedings. However, a plaintiff may still inquire about certain aspects of the incident reporting and risk management process... View More
When there are no section 56.10 (b) mandates to disclose patient's record, health care provider still has liability to disclose records to requestor. What statute defines that?
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answered on Jun 13, 2024
Under California law, even when there are no mandates to disclose a patient's medical records under section 56.10(b) of the California Confidentiality of Medical Information Act (CMIA), a health care provider may still have an obligation to disclose records to a requestor under certain... View More
Can demand for incident/adverse event reports be included into Production Requests?
As an example. Plaintiff's info was disclosed without authorization 2.5 years ago. The track record of this violation does not exist in hospital records.
Shall Plaintiff propound Production... View More
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answered on Jun 13, 2024
In California, incident reports and adverse event reports are generally protected from discovery under Evidence Code Section 1157. This section provides that records and proceedings of organized committees that have the responsibility of evaluation and improvement of the quality of care rendered in... View More
Shall request to produce privilege log, in respect to any privileges, including 1157, attorney-client, work product privilege, etc. be a production demand?
Should demand list specific privileges, or be generic?
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answered on Jun 13, 2024
Under California law, a demand to create a privilege log should generally be included as part of a request for production of documents. This demand is typically made in conjunction with document requests to ensure that any withheld documents on the basis of privilege are properly identified and... View More
What CMIA statute mandates disclosure of patient's records?
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answered on Jun 13, 2024
Under the California Confidentiality of Medical Information Act (CMIA), the main statute that mandates disclosure of a patient's medical records is Civil Code Section 56.10. Specifically:
Civil Code Section 56.10(b) requires healthcare providers to disclose medical information if... View More
How to demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times, in accordance with the California Evidence Code.
Production Demand?
How to ensure authenticity of document?... View More
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answered on Jun 13, 2024
Under California law, you can demand that the defendant authenticate any documents or evidence provided to establish the affiliation of the identified individuals at the relevant times by including a "Production Demand" in your discovery request. This is done in accordance with the... View More
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
answered on Jun 13, 2024
The laws in written discovery in California are in the Codes Of Civil Procedure. The entire section is CCP §§ 2016.010 to 2036.050. The
Scope of Discovery is at CCP §§ 2017.010-2017.320. Specifics as to written discovery and motions to compel are at CCP §§ 2030.010-... View More
Plaintiff propounded interrogatory.
Defendant provided improper response to interrogatory In order to induce burden and delay: i.e. Defendant's non-specific intention to produce person for deposition, instead of providing distinct information about identity.
Objection to such... View More
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answered on Jun 13, 2024
Under California law, if a defendant provides an improper or evasive response to an interrogatory, the plaintiff has a few options to address the issue. The most appropriate course of action depends on the specific circumstances of the case and the nature of the improper response.
1. Motion... View More
Defense responds further to in Pro Per's critically important interrogatories, without any specificity:
"Failed to .. find out identity. ..Responding party will produce for deposition these individuals referenced in the interrogatory" or " Further discovery is... View More
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answered on Jun 12, 2024
Under California law, let's analyze the implications of the defense's further discovery responses to the in pro per plaintiff's interrogatories:
1. Meaning of the responses in plain English:
- "Failed to find out identity" suggests the defense has not been... View More
What legal means, statutes and rules, California legislative mechanism provides to ensure that:
1. Instead of depositions of unidentified persons in future, Defendant must respond to interrogatory with actual identity, personal information of individuals as defined by CCP 1798.3(a);... View More
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answered on Jun 12, 2024
Under California law, there are several legal mechanisms available to ensure that a defendant identifies specific individuals and provides their personal information in response to interrogatories, as well as proof of their affiliation with the defendant at the relevant times:
1. California... View More
Hospital is definitely aware that waiver for release of patient's records to thirds party as condition for health services is unenforceable.
But hospital apparently would not have track record of fraudulent intent of third party, that fraudulently referred patient to hospice with... View More
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answered on Jun 11, 2024
Based on the information provided, there are a few key legal issues to consider under California law regarding potential hospice fraud and hospital liability:
1. Waiver of patient record release: As you noted, under California law, a hospital cannot make the release of patient records to a... View More
Hospital disclosed patient's records to third party without authorization, although waiver to release records was unenforceable. Did hospital have obligation to disclose to patient and notify patient that records were released to third party?
In this situation:
if patient was... View More
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answered on Jun 11, 2024
Based on the situation you described, under California law, the hospital could be liable for several violations related to the unauthorized disclosure of the patient's medical records to a third party without proper authorization. Here are the key violations:
1. Confidentiality of... View More
Hospital put into condition of admission unenforceable waiver for authorization of patient's information. After discharge from hospital patient's information was disclosed to a third party that committed fraudulent referral to hospice.
Hospital disclosed to a third party... View More
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answered on Jun 11, 2024
Under California law, a hospital could potentially be liable for fraud committed by a third party if the hospital's actions contributed to or facilitated the fraud. In the scenario you described, there are a few key points to consider:
1. Unenforceable waiver: If the hospital included... View More
Which statutes require hospital to disclose to affected person unauthorized disclosure of person's records?
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answered on Jun 11, 2024
Under California law, there are two main statutes that require hospitals and healthcare providers to disclose unauthorized access or disclosure of a patient's medical records to the affected patient:
1. California Health and Safety Code Section 1280.15 (effective January 1, 2009):... View More
What statute is applicable if unauthorized disclosure of information included, but was not limited to violation of Section 1798.82.
If unauthorized disclosure of Plaintiff's records included but was not limited to section 1798.82 violation (security of computerized systems), what Cal.... View More
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answered on Jun 10, 2024
If an unauthorized disclosure of a plaintiff's records by a hospital included, but was not limited to, a violation of California Civil Code Section 1798.82 (which deals with the security of computerized data systems), there are several other California Civil Code statutes that may be... View More
I was told the DEA requires this. I can find no such requirement anywhere, either DEA or State of California.
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answered on Jun 9, 2024
As of June 2024, there is no federal requirement by the U.S. Drug Enforcement Administration (DEA) for patients to sign a document consenting to random drug testing in order to receive a prescription for Ativan (lorazepam) or any other benzodiazepine. The decision to perform drug testing is... View More
Is there a way Walgreen can reimburse her some funds?
My sister has been getting her prescriptions filled at Walgreens. She was paying big prices than she should have. She is not well and is seventy-three years old. We found GoodRX has offered much lower prices. Is there a way to get... View More
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answered on Jun 8, 2024
If your sister has been overpaying for prescriptions at Walgreens, there are steps you can take to seek reimbursement. While there is no guarantee that Walgreens will reimburse the difference, it is worth trying, especially given her age and health situation.
First, gather all the receipts... View More
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