Paul Aaron Lott v. Eden Medical Center and HealthPort Technologies LLC
Apr 13, 2015OUTCOME: The court of appeal affirmed the trial court's ruling granting summary judgment.
In this action the plaintiff Lott claimed that Eden and HealthPort violated California Evidence Code section 1158 by exceeding the statute's limits on charges for copying patient medical records reque ... sted by an attorney. In defense of this action HealthPort argued that (1) the statute does not require the medical provider to copy and send the patient's medical records and (2) that where, as in this case, the requesting attorney employed HealthPort, HealthPort was permitted to charge rates in excess of the rates set out in section 1158. HealthPort moved for summary judgment. While my colleague Jay Woollacott did a masterful job in presenting and arguing HealthPort's position, I authored and developed both the argument and the procedure that allowed HealthPort to charge reasonable rates in excess of those specified by Evidence Code section 1158.