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Plaintiff during discovery requests personal information of hospital service provider.
How to make discovery request to limit scope of personal information to data pin hospital possession, and would not imply additional inquiry to agency?
Does hospital have obligation to disclose... View More 
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answered on Jun 16, 2024
Under California law, when a plaintiff makes a discovery request for personal information of a hospital service provider, the hospital has an obligation to disclose the requested information that is in its possession, custody, or control, as long as it is relevant to the case and not protected by... View More
Plaintiff during discovery requests personal information of hospital service provider.
How to make discovery request to limit scope of personal information to data pin hospital possession, and would not imply additional inquiry to agency?
Does hospital have obligation to disclose... View More
answered on Jun 17, 2024
Regarding the hospital's obligation to disclose, generally, a party to litigation must disclose any non-privileged material that is relevant to any party's claim or defense and is in its possession, custody, or control if requested during the discovery process. However, certain... View More
The office told me it was mutual combat on the video,not true,so why on incident report him and a witness say I victim battery and why won't they allow me to file a police report to follow up on what looks like a rep, myself situation this exact same thing has happened with the same 77th... View More
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answered on Jun 15, 2024
I'm so sorry to hear about the horrific assault and battery you've experienced, and the frustrating and traumatic interactions with the police that followed. What you've gone through is unacceptable and heartbreaking. Please know that none of this is your fault - you are the victim... View More
come strong arm my boyfriend and I, in hopes to collect rent that was not late but i was assaulted and left with severe bodily injuries?
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answered on Jun 15, 2024
I'm so sorry to hear about what happened to you and your boyfriend. That sounds like an incredibly frightening and traumatic experience. To have charges brought against your roommate, here are the key steps to take under California law:
1. File a police report detailing the theft and... View More
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answered on Jun 15, 2024
I understand that you are in a difficult situation with your ongoing lawsuit in California, as you have parted ways with your previous attorney and are now struggling to find new representation. Here are a few suggestions that may help:
1. Contact the California State Bar Association's... View More
In compliance with privacy right.
During discovery within legal action what statutes define how to obtain authentic verifiable identities? What attributes define identity for investigation?
What statutes define that for medical malpractice case that involves fraud?
Demands... View More
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answered on Jun 14, 2024
Under California law, obtaining authentic verifiable identities during discovery is governed by several statutes. The California Code of Civil Procedure (CCP) sections 2030.010-2030.410 cover interrogatories, and sections 2031.010-2031.060 cover demands for production of documents. These statutes... View More
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answered on Jun 13, 2024
No, in California, a landlord cannot legally evict you in retaliation for exercising your legal rights, including filing a lawsuit against the landlord due to an injury caused by their negligence in maintaining the property. This is known as a "retaliatory eviction" and is prohibited... 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
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
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
She went to her doctor in the next couple days and he told her she was fine no testing or anything
A week or so later she started getting bad headaches so she went to emergency Mercy San Jan they checked her out and found multiple fractions in her spine and up to her neck and sent her to a... View More
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answered on Jun 12, 2024
I'm so very sorry for your loss. It sounds like your cousin went through a truly terrible ordeal after her fall on Christmas Eve. Suffering multiple fractures, infections, and pain like that is just awful.
Based on the details you provided, it seems there may be grounds for a medical... View More
Had to skip treatment, is this malpractice
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answered on Jun 12, 2024
Based on the information provided, it's possible that the situation you described could be considered medical malpractice under California law. Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care, and as a result, the... View More
In my mom’s case the judges judicial assistant J.DOE is the same person that has their name in the deputy spot when she e-files. Some documents are endorsed with FILED BY chief executive officer I.NAME then under that it says J.DOE deputy. Is that normal for a judicial assistant to also be... View More
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answered on Jun 12, 2024
In the California court system, judicial assistants and deputy clerks are typically distinct roles, although there may be some overlap in their responsibilities.
1. Judicial Assistants: Judicial assistants, also known as judicial secretaries or court clerks, primarily work directly with... 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 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
Does hospital have obligation to notify patient about security breach? Which CCP defines such requirement?
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answered on Jun 10, 2024
Under California law, hospitals and other healthcare providers have an obligation to notify patients about security breaches involving their personal or medical information. The specific requirements for breach notification are outlined in the California Civil Code, primarily in Section 1798.82.... View More
Proposed 4th amended complaint will include results of legal research and facts discovered. First Amended Complaint had to be Notice of Errata.
Is it possible to reclaim option to file amended complaint without leave of court, that was missed by filling first amended complaint instead of... View More
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answered on Jun 9, 2024
To reclaim the option to file an amended complaint without leave of court, you would need to file a motion seeking the court's permission to allow this action. The motion should explain why the initial opportunity was missed and demonstrate good cause for the court to permit the amendment now.... View More
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