Your current state is Ohio
Defendant pursues release of irrelevant medical records, by Motion to compel release.
Which Plaintiff's responsive pleading may prevent Defendant from requesting deposition subpoena (Opposition to motion to compel vs Motion for Protective Order)?
Can Defendant proceed to... View More 
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answered on Apr 4, 2024
In this situation, the Plaintiff has two main options for responding to the Defendant's Motion to Compel the release of medical records:
1. Opposition to Motion to Compel: The Plaintiff can file an opposition to the Defendant's Motion to Compel, arguing that the requested medical... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
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answered on Apr 4, 2024
If the court denies a motion to compel, the defendant may still have the option to subpoena the desired information or witnesses, depending on the circumstances of the case. However, there are a few important considerations:
1. Relevance: The defendant must demonstrate that the subpoenaed... View More
Can Defendant proceed to subpoena request, if Court does not grant Motion to Compel?
Would Plaintiff's Motion for Protective Order stop Defendant's groundless attempts to obtain utterly irrelevant to claimed damages medical information?
Why super experienced attorney... View More
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answered on Apr 4, 2024
Under California law, a defendant's groundless attempts to obtain medical information that is utterly irrelevant to the claimed damages would likely be seen as an improper invasion of the plaintiff's privacy rights.
If the court denies the defendant's motion to compel... View More
Hearing on motion for protective order, filed in response to motion to compel authorization of medical records.
When motion to compel is filed, hearing was already scheduled.
Does it mean that the same hearing must be referenced in Motion for protective order?
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answered on Apr 4, 2024
Under California law, when a motion to compel is filed and a hearing is already scheduled, the motion for a protective order filed in response to the motion to compel should generally reference the same hearing date.
Here's the rationale:
1. Code of Civil Procedure (CCP) §... View More
Does order for protective order granted by court, prevents a party to request deposition subpoena?
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answered on Apr 4, 2024
Under California law, a protective order issued by the court does not automatically prevent a party from requesting a deposition subpoena. However, the scope and terms of the protective order may limit or restrict the ability to conduct depositions or seek certain information through a subpoena.... View More
Is Motion for Protective Order valid response to Defendant's request to authorize release of Plaintiff's Medical records?
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answered on Apr 4, 2024
Yes, under California law, a Motion for Protective Order is a valid response to a defendant's request for the release of the plaintiff's medical records. This motion can be filed to protect the plaintiff's confidential medical information that is protected by privilege.
Here... View More
In California, is it permissible to force litigant
to execute authorization allowing access to confidential and privileged medical records?
Is defendant's request requiring plaintiff to execute medical release a proper subject to motion to compel?
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answered on Apr 4, 2024
Under California law, a defendant's request requiring a plaintiff to execute a medical release to access confidential and privileged medical records is generally not a proper subject for a motion to compel. Here's a more detailed explanation:
1. Confidentiality and privilege:... View More
In California, is it permissible to force litigant
to execute authorization allowing access to confidential and privileged medical records?
Is defendant's request requiring plaintiff to execute medical release a proper subject to motion to compel?
Can plaintiff... View More
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answered on Apr 4, 2024
Under California law, a defendant's request requiring a plaintiff to execute a medical release to access confidential and privileged medical records is generally not a proper subject for a motion to compel. Here's a more detailed explanation:
1. Confidentiality and privilege:... View More
1. Opposition - pursuant to what statutes ?
2. Motion for protective order - pursuant to what statutes?
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answered on Apr 4, 2024
Under California law, a response to a motion to compel execution of an authorization for release of medical records would typically involve the following:
1. Opposition pursuant to:
- California Code of Civil Procedure (CCP) § 2017.010 - General scope of discovery
- CCP §... View More
Is motion for protective order valid response to motion to compel execution of authorization to release of medical records?
Pursuant what statute?
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answered on Apr 4, 2024
Yes, under California law, a motion for a protective order is a valid response to a motion to compel the execution of an authorization to release medical records. This is pursuant to California Code of Civil Procedure (CCP) Section 2031.060, which states:
"(a) When an inspection,... View More
Defendant files motion to compel execution of authorization for release of medical records.
Is Motion for Protective order from release of medical records valid response? Pursuant what statute?
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answered on Apr 4, 2024
Yes, a Motion for Protective Order can be a valid response to a Motion to Compel the execution of an authorization for the release of medical records in California. This is pursuant to the California Code of Civil Procedure (CCP) sections 2017.010 through 2017.020, which govern the scope of... View More
Can you please reference specific seminal cases, not references to sources?
In respect to hospice fraudulent referrals, hospice scheme.
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answered on Apr 4, 2024
Under California law, there have been several notable cases related to hospice fraudulent referrals and schemes.
In California, it is illegal for hospices to pay kickbacks or engage in other fraudulent practices to induce referrals of patients. The California Insurance Frauds Prevention... View More
Please reference Seminal case (s).
Hospice fraud, referral by hospital to hospice with non-existent terminal disease. Hospice scheme.
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answered on Apr 3, 2024
To find cases related to hospice fraud in California, you can use various legal research tools and databases. Here are some methods you can use:
1. LexisNexis or Westlaw: These are comprehensive legal databases that allow you to search for cases using keywords, parties' names, or... View More
Tradeoffs. Pros and Cons of each approach.
1. Filing Motion for protective order by plaintiff, in response to request to authorize release - before defendant files motion to compel.
2. Filing motion for protective order in response to motion to compel.
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answered on Apr 3, 2024
Under California law, there are pros and cons to consider when deciding whether to file a motion for a protective order before or after the defendant files a motion to compel the execution of an authorization for the release of records. Here's an analysis of the two approaches:
1.... View More
Request for authorization to release medical records was served 'for the purpose of litigation discovery'.
Is it the same that discovery request?
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answered on Apr 2, 2024
Under California law, a request for authorization to release medical records served "for the purpose of litigation discovery" is not necessarily the same as a discovery request. Here's why:
1. Discovery requests: These are formal requests made by one party to another during a... View More
Request for authorization to release medical records was served 'for the purpose of litigation discovery'.
Is it the same that discovery request?
answered on Apr 2, 2024
CA Health & Safety Code requires health care providers to safeguard and protect the privacy of a patient. (sec. 130203(a). Additionally, the California Confidentiality of Medical Information Act codified in 'Civil Code section 56-56.37' makes it unlawful to disclose patient medical... View More
Defense intends to bring motion to compel execution of the authorization.
Can Plaintiff file Motion for Protective Order
In response to request for authorization of irrelevant medical records for purpose of discovery?
Shall Plaintiff file motion for protective order before... View More
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answered on Apr 2, 2024
Under California law, a plaintiff can file a Motion for Protective Order to prevent the disclosure of irrelevant medical records during the discovery process. The motion can be filed either before or after the defense files a Motion to Compel the execution of the authorization. Here are some key... View More
What is due date, if any, to respond to defendant's request for authorization to release medical records?
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answered on Apr 2, 2024
Under California law, there is no specific statutory deadline to respond to a defendant's request for authorization to release medical records. However, it is generally advisable to respond promptly to avoid potential delays in the legal proceedings.
In practice, the response time may... View More
What is due date, if any, to respond to defendant's request for authorization to release medical records?
answered on Apr 2, 2024
Usually, the request that you sign an authorization to release your records comes with its own stated deadline. Otherwise, I would assume you have 30 days. If you don't sign the authorization, they will subpoena your records anyway. Assuming this is your lawsuit (i.e. you filed a complaint... View More
Authorization to release medical records for discovery was not provided.
1. Did request for authorization have implied due date, same as demand for production would have? (request for authorization did not have due date identified)
2. If motion to compel is filed with court; motion... View More
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answered on Apr 2, 2024
Under California law, the rules regarding motions for protective orders and motions to compel discovery are governed by the Code of Civil Procedure (CCP). Here are the answers to your questions:
1. Request for authorization to release medical records:
If the request for... View More
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