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Case Study sample - Legal Aspects of Health Care College Case Study
Pages 3 (753 words)
430.30.(a) When any ground for objection to a complaint, cross-complaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading.
Dr. William may also partially answer to the charges against him and partially demur to the complaint.
"364.(a) 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."
A subpoena refers to the process whereby a person is asked to appear in the court to testify in a case as a witness. Sections 1985 to 1997 of the California Code of Civil Procedures provide details on the conduct and types of subpoena.
The person may be asked to personally present in the court to testify (depending upon the contents of subpoena) and provide expert opinion on a process in which he has expertise in; or he/ she may be asked to bring a book, record or any other form of document as evidences.
In responding to a subpoena, the obligations may include producing personal record (if these are in possession) for Joan's treatment at the clinic; and providing professional opinion as to the sequence of events, conduct of professional expertise by Dr. Williams, etc.
If a person provides false reports and testifies incorrectly, it may result in court taking actions against the subpoenaed (the person who is issued a subpoena). Thus, there is obligation to truthfully and accurately provide all required information to the court.
The Health Insurance Portability and Accountability Act (HIPAA) was de ...
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