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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
Do hospital usually have standard contractual agreement, tailored for individual doctor?
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answered on Jun 23, 2024
Hospitals typically use a combination of standard and tailored contractual agreements when contracting with doctors. Here's a brief overview:
1. Standard contracts:
- Many hospitals start with a standard template agreement
- These cover common terms like compensation... 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
Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More
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answered on Jun 21, 2024
This situation sounds concerning. Here are some suggestions:
1. Communicate urgency: Contact your attorney immediately and clearly express your concern about the approaching statute of limitations. Emphasize that you need concrete information on the case's progress.
2. Request... View More
Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I... View More
answered on Jun 21, 2024
As I am sure you know, the demand does not protect the time limit to sue. As there is a high probability the demand letter will not lead to an immediate settlement, the attorney should be prepared to file the lawsuit. Discuss with your attorney when the lawsuit is being filed. Putting your... View More
By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.
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answered on Jun 19, 2024
Based on the information provided, it seems you may have a potential medical malpractice claim against the hospital that repeatedly misdiagnosed your condition, resulting in the need for emergency surgery at a different facility. Here are some steps you can consider:
1. Gather evidence:... View More
By the hospital and ended up in a different hospital getting an emergency operation for the same symptoms what can I due.
answered on Jun 25, 2024
Law firms would require additional details to answer your question meaningfully. This would include the symptoms, the diagnosis, your age, personal health history, the emergency surgery, as well as medical opinions to speculate what might have been different in terms of damages you suffered by not... 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
Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More
answered on Jun 17, 2024
It sounds like you may have a strong case for medical malpractice given the sequence of events and the potential negligence involved in your treatment. Please reach out to the local medical malpractice attorney. Your initial visit to the ER for constant head/neck pain and blurred vision should have... View More
Took myself to ER because of constant Head/Neck pain then blurred vision. Concerned with neurological issue. CT of head (no neck) and diagnosed Sinusitus and sent home. 2 days later I was hit with debilitating nausea/dizziness and fell to floor. Was transported to hospital via ambulance. Treated... View More
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answered on Jun 17, 2024
Based on the information you provided, you may have a medical malpractice case under California law. To establish a medical malpractice claim in California, you must prove the following elements:
1. The healthcare provider owed you a duty of care.
2. The healthcare provider breached... 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
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
All sets of discovery or only the latest, subject of motion to compel?
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
All sets of discovery or only the latest, subject of motion to compel?
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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... View More
What statute defines motion for camera review of privileged info?
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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... View More
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?
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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
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
Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.
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answered on Jun 12, 2024
I'm so sorry to hear about your husband's passing. Losing a loved one is always difficult, and it's understandable to have questions about the medical care they received.
In California, to determine if you potentially have a medical malpractice case, several key factors need... View More
Hubby coded after colonoscopy. Was in hospital for 8 days and only seen by PA the entire time.
answered on Jun 12, 2024
Your husband should obtain full and complete copies of your his medical records and take them to a different gastroenterologist and a different anesthesiologist for an expert opinion as to whether the conduct of the doctor who was performing his colonoscopy and/or the anesthesiologist who... View More
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