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California Legal Malpractice Questions & Answers
1 Answer | Asked in Legal Malpractice, Contracts and Health Care Law for California on
Q: Privileged vs non-privileged data of hospital provider in legal discovery

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

James L. Arrasmith
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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...
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1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Re: reasonable way to handle situation

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

James L. Arrasmith
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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...
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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: Specific authorities : Res Ipsa Loquitur - specific authorities in support

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.

James L. Arrasmith
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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

1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: Sequence of steps. Motions. Privilege log. Order for individual's private data. Timing for creation of priv. log.

Should hearing be scheduled for both motions: for motion for in-camera review of privilege log, and motion to disclose individuals' private information.

Can Motions be combined? They are inter-related.

Can both Motions be heard at the same hearing?

Is Defendant... View More

James L. Arrasmith
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answered on Jun 15, 2024

Here is a summary of the typical sequence of steps and timing related to privilege logs and motions to compel production of private information under California law:

1. Motion to Compel Production of Private Information: The party seeking the private information files a motion explaining...
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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: Such a sequence seems to be more efficient, and eliminates the potential need for Motion to Compel.

Such a sequence of actions seems to be more efficient, and eliminates the potential need for Motion to Compel.

Would be be a sequence of steps in this scenario: when Motion for camera review of privilege log, and Motion for court order to disclose private identity data;

are... View More

James L. Arrasmith
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answered on Jun 15, 2024

Yes, based on your description, it seems like you are outlining a sequence of steps in the discovery process under California law that would be more efficient and potentially eliminate the need for a Motion to Compel. The sequence you described is:

1. Submitting interrogatories and...
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1 Answer | Asked in Civil Litigation, Health Care Law and Legal Malpractice for California on
Q: What is the most reasonable way for Plaintiff to handle this situation.

What is the most reasonable way for Plaintiff to handle this situation.

Discovery has been in a few iterations. The subject matter of the lawsuit is focused on events on admission and on discharge from hospital. This is when the chain of events that resulted in wrongdoing happened.... View More

James L. Arrasmith
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answered on Jun 15, 2024

Based on the information provided and considering California law, here is a reasonable approach for the Plaintiff to handle this situation regarding discovery in the lawsuit:

1. Carefully review the responses received so far to determine what information is still needed to support the...
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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: What type of inappropriate objection is this?

What type of inappropriate objection is this?

Responding party, represented by attorney, does not provide reasonable identification of provider in question;

With objection that propounding party failed to specify what does it mean 'distinct identity'.

What type of objection is this?

James L. Arrasmith
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answered on Jun 15, 2024

Based on the information provided, it appears that the responding party, represented by an attorney, is making an objection to a request or question from the propounding party. The objection seems to be that the propounding party failed to provide a reasonable identification of the provider in... View More

1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: How to confront legally discovery harassment

When after 3 rounds of discovery,

in regard to identities of providers critical for the case,

Defendant hospital (without waiving objections) states that defendant 'will produce' provider for deposition, how to confront such harassment?

Unless newborn is meant.

James L. Arrasmith
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answered on Jun 15, 2024

I'm sorry to hear you're dealing with a frustrating and potentially harassing situation in the discovery process for your legal case. Here are a few thoughts on how to handle this under California law:

1. Meet and confer: California law requires parties to meet and confer in good...
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2 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Scope of privilege log

All sets of discovery or only the latest, subject of motion to compel?

James L. Arrasmith
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answered on Jun 15, 2024

Under California law, a privilege log typically covers all documents withheld on the basis of privilege in response to a particular discovery request, not just those that are the subject of a motion to compel.

California Code of Civil Procedure section 2031.240 requires that when a party...
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2 Answers | Asked in Legal Malpractice and Medical Malpractice for California on
Q: Scope of privilege log

All sets of discovery or only the latest, subject of motion to compel?

Eliza Jasinska
Eliza Jasinska
answered on Jun 17, 2024

A privilege log is generally created to identify documents or communications that a party considers to be privileged and thus exempt from disclosure during the discovery process in litigation. The scope of a privilege log should cover all sets of discovery where privileged information is identified... View More

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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: demand for privilege log and for in-chambers review of privileged information at issue

All evidence mentioned in response to Extent of Burden of Proof question exists.

However, for completeness if necessary:

Should demand for privilege log and for in-chambers review of privileged information at issue be included into motion to compel?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, if a party is withholding documents or information based on a claim of privilege, it is appropriate to demand a privilege log and request an in-camera review of the allegedly privileged material as part of a motion to compel. Here's why including these requests can... View More

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: What statute defines motion for camera review?

What statute defines motion for camera review of privileged info?

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, the statute that defines the motion for camera review of privileged information is Evidence Code Section 915(b).

Evidence Code Section 915(b) states:

"When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter...
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2 Answers | Asked in Legal Malpractice for California on
Q: What controls exist to ensure case is decided on merits, not on artificial delays and mockery?

It appears that within proceeding permutations defense can find many hooks to oppress in pro per plaintiff, delaying and objecting, stalling discovery, simply because realizes that cannot pursue case otherwise.

Circumstantial evidences when convincing and clear, high probable;

Along... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, there are several controls in place to help ensure that cases are decided on their merits rather than being derailed by artificial delays or mockery of pro per (self-represented) plaintiffs by the defense:

1. Code of Civil Procedure § 128(a): This law gives judges the...
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1 Answer | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Extent of burden of proof. 'Unintentional' non-authorized disclosure of records to hospice.

Patient was referred to hospice based on hospitalization record of proven non-existent terminal disease,

recorded on admission to hospital;

Recorded by doctor who referred patient to hospital, thus knew that terminal disease was non-existent;

And record of hospitalization -... View More

James L. Arrasmith
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answered on Jun 14, 2024

Under California law, the plaintiff generally has the burden of proof to establish their case by a preponderance of the evidence. However, in the context of unauthorized disclosure of medical records, there are a few key considerations:

1. California Confidentiality of Medical Information...
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1 Answer | Asked in Health Care Law and Legal Malpractice for California on
Q: Extent of burden of proof

Patient was referred to hospice based on hospitalization record of proven non-existent terminal disease,

recorded on admission to hospital;

Recorded by doctor who referred patient to hospital, thus knew that terminal disease was non-existent;

And record of hospitalization -... View More

James L. Arrasmith
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answered on Jun 14, 2024

In a case where a patient was referred to hospice based on a false record of a terminal disease, the plaintiff still has the burden of proving who is responsible for the wrongful actions. This burden of proof requires the plaintiff to present evidence that identifies the individuals or entities... View More

1 Answer | Asked in Health Care Law, Legal Malpractice and Medical Malpractice for California on
Q: How to request in chambers review of identities, protected under privacy right?

How to request in chambers review of identities, protected under privacy right, when identities are critical to crucial matters at issue of the lawsuit?

What identity attributes shall be requested?

James L. Arrasmith
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answered on Jun 14, 2024

To request an in chambers review of identities protected under privacy rights in California, you need to file a motion for an in camera review. This motion should explain why the identities are crucial to the case and how their disclosure is necessary for the fair resolution of the lawsuit. Be sure... View More

1 Answer | Asked in Personal Injury, Health Care Law and Legal Malpractice for California on
Q: What CMIA statute mandates disclosure of patient's records?

What CMIA statute mandates disclosure of patient's records?

James L. Arrasmith
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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...
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2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

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

Joel Gary Selik
Joel Gary Selik
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-...
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2 Answers | Asked in Federal Crimes, Health Care Law and Legal Malpractice for California on
Q: Plaintiff's actions after improper Defendant's response to crucially important interrogatory

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

James L. Arrasmith
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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...
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2 Answers | Asked in Legal Malpractice for California on
Q: Are attorneys required to provide copies of letters or emails from opposing counsel?

Are California attorneys required to provide copies of letters or emails from opposing counsel if requested by their client? I requested a letter sent to my attorney from opposing counsel that I believe contains false accusations due to the way my attorney referenced the letter. My attorney is... View More

James L. Arrasmith
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answered on Jun 10, 2024

In California, the Rules of Professional Conduct govern the ethical obligations of attorneys. Rule 1.4 of the California Rules of Professional Conduct addresses communication between attorneys and clients. It states that a lawyer shall keep the client reasonably informed about significant... View More

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