BHM443-Legal Aspects of Health Care: Module 1- Case Under California statutes Section 418.10 B, Dr. Williams has 30 days to respond. The statute reads, “The notice shall designate, as the time for making the motion, a date not more than 30 days after filing of the notice. The notice shall be served in the same manner, and at the same times, prescribed by subdivision (b) of Section 1005. The service and filing of the notice shall extend the defendant's time to plead until 15 days after service upon him or her of a written notice of entry of an order denying his or her motion, except that for good cause shown the court may extend the defendant's time to plead for an additional period not exceeding 20 days” (State of California, 2009). The California Code of Civil Procedure Section 364 states, “No action based upon the health care provider's professional negligence may be commenced unless the defendant has been given at least 90 days' prior notice of the intention to commence the action” (State of California, 2009). This means that Joan’s attorney had to notify Dr. Williams 90 days prior to filing of the case of his intent to sue on behalf of Joan. His notification must, “notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered” (State of California, 2009). If the attorney does not give proper notice then, “Failure to comply with this chapter shall not invalidate any proceedings of any court of this state, nor shall it affect the jurisdiction of the court to render a judgment therein” (State of California, 2009). The lawsuit will still be valid if notice is not given, yet the attorney may be cited and reprimanded by the courts. A subpoena is a “formal document [issued by a judge or court of law] that orders a named individual to appear before a duly authorized body at a fixed time to give testimony” (Encyclopedia of American Law, 2008). Any person served with a subpoena is compelled to appear at the designated place and time on the document to give sworn testimony, whether this place is a court or pretrial hearing. Failure to appear after receiving a subpoena will subject the person to either civil or criminal action resulting from being found in contempt for failure to appear. A party may resist a subpoena duces tecum by refusing to comply and requesting a court hearing (Ecyclopedia of American Law, 2008).
According to HIPPA Dr. Williams violated HIPPA because, “the Privacy Rule is to define and limit the circumstances in which an individual’s protected heath information may be used or disclosed by covered entities. A covered entity may not use or disclose protected health information, except either: (1) as the Privacy Rule permits or requires; or (2) as the individual who is the subject of the information (or the individual’s personal representative) authorizes in writing” (US Dept HHS, 2008). Under HIPPA a Doctor is permitted to disclose information, without permission, for “(1) To the Individual (unless required for access or
