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Medical Malpractice: Refuse responses to Claimant's request for production of document, claimed they are part of different group

Irvine, CA |
Filed under: Medical malpractice

1. Health Plan is the respondent not Doctors (refused to give resumes, field license, work schedules, sign contract w/ deceased) stated client privileges, trade secret as health plan only provide medical/hospital service thru contracts with other HMO hospital and Medical Doctor Group, so all of those above requests were called "Speculation" "Irrevelance" "Oppression" "to the case.
2. Stated treated Doctors are not proper Parties for this arbitration to avoid all Malpractice responsibility
3. Caught them lie on Refused to produce as they stated Request info already in the possession of Claimant -untrue, cant access Doctors' resume.
4. Stated violated the Code of Civil 2031.030(c)(1) request on their business record.
5. Stated violated the Evidence Code 1157 & CCP 2034 on Medical Witnesses

All above sounded very bogus to us as it was part of the standard lawsuit request per my Law Professor. I am rephrased the Discovery's questions to see if they still respond to the same thing or not but the same time, I would plan to file a motion of compel on advices earlier at this message board but (A) need to find out how to able to go around to get Doctors' resumes, work schedule, etc as HMO already claimed Drs are not part of this Arbitration. Can I request a subpoena the other entities to collect the inquiry info and record? This is an arbitration so request would be send to the retired Judge? (B) As they refused to produce their Star Medical Witnesses for us to interrogate for this arbitration, can they bring in later? (C) Can we take depo to those Drs (who treated the Deceased) even the HMO lawyers stressed Drs are not part of the lawsuit complaint? How to get around? My former attorneys had put those Drs in the initial complaint (unless they screwed us up after took $$$ & ran). Pls advise.

Attorney Answers 3


I do not have all the facts and do not understand the basis of their objections. However, generally, they are required to provide you with the responsive, non-objectionable documents in their possession custody or control. If they have the documents, and the documents are within the broad scope of discovery and are not otherwise privileged, they need to produce them. It does not matter if the doctors work for another group or what not. If they refuse to produce documents (and assuming their objections are not valid) you need to bring a motion to compel. However, it is possible that you have propounded discovery on the wrong entity. Either the right entity needs to be added as a party, or if they have no liability, then they can be served with a third party subpoena. I think you mentioned you are in arbitration. In that case, you or your lawyer should contact the arbitrator about the issuance of subpoenas.

This answer is for general informational purposes only and should not be relied upon until your entire matter is thoroughly reviewed by an attorney aware of all pertinent facts. This answer does not create an attorney client relationship.

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Without having read your discovery responses and the responses, it is impossible to tell you how the court might rule.

Moreover, I strongly suggest that if you are having discovery disputes which might necessitate the filing of one or more motions to compel further responses and request for sanctions, it is imperative that you hire an attorney to do so. The court can only award monetary sanctions to cover attorney's fees but if you are representing yourself, all you would be entitled to recover on a discovery motion is the $40 filing fee.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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There really is no answer to your questions directly without knowing the specifics of your claim, the specific demands that have been made and responses received. As this is presently in some type of litgated forum., you should bring it to the attention of whoever is presiding over this matter for a determination

Disclaimer: Mr. Milligram is an attorney licensed to practice law in the States of New York and New Jersey. This response is not legal advice and does not create an attorney/client relationship; rather this response is intended to be legal education only and is intended to provide general information about the matter in question. Please note that this answer does not constitute legal advice. It is merely intended to provide educational material and general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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