Law and legal process
Indicate how long he has to respond to the lawsuit
According to the civil code of Procedure in California, the supreme courts shares similar dealings with the courts of appeal concerning reversing, verifying or modifying any orders appealed. Passing a direct and proper judgment by the jury or judge should involve new trials or further records. While in the process of making their decisions, the jury should be able to issue the possibility of a fresh trial being issued. Dr. William’s case falls in the civil case category since it is being handled by the Supreme Court. Therefore, his trial is supposed to be placed in the calendar of the judiciary in the arrangement of the appointment of subject, in line with the proceedings concerning state party cases (California code of civil procedure-section 41-45: Chapter 3, Supreme Court, 2009). The California code of civil procedure states does not prevent an attorney to permit any kind of representative to stand before the courtroom and present the evidence and witnesses engaged in the proceedings(California code of civil procedure-section 39). Dr. Williams is therefore entitled to a maximum period of twenty days to submit a respond to the jury of the state. An attached subpoena that the court issued at the beginning of the trial should be handed out as a means of showing proof of chamber sittings between Dr. William’s attorney and the jury.
Discuss whether Joan’s attorney has to give an advance notice of her lawsuit? If so, how many days?
California’s Business and Professions Code, 349a puts Joan’s lawyer in a state where he or she has to hand out an advance note of the court case three months prior to the lawsuit commencement. As a result, Dr. Williams and his attorney have ninety days to take action before the lawsuit begins and at this period, they have the ability to organize for the justification of Dr. Williams. Nevertheless, it is of value noting the fact that there exists no specific type of note necessary, except where notification of the defendant of the legal basis of the claim and the type of loss sustained, including with the specificity the nature of the wounds endured (California Business and Professions Code, 349b). At this point, it is important to underline the fact that if the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice (California Business and Professions Code, 349d).
A subpoena is document that is usually given out by the clerk of a court. The subpoena consists of the name of the presiding judge over a case. The documents can also be issued by the lawyers’ representing the people involved in a case California code of civil procedure-section 39). The subpoenas are usually blank and are served to the witnesses of a case. The court where the case is being held forms part of the letter head of the subpoena United States Department of Health and Human Services ,2003). The names of the people involved in the case are also included in the subpoena as well as their addresses. The subpoena is usually addressed to the witnesses requiring them to report for hearing of the mentioned case where their testimonies are required (Stevens, 2003). The subpoena usually gives the date, time and venue of the case hearing. The document also contains warning jurisdiction if the witnesses fails to oblige with the requirements stated in the subpoena. If a person fails to oblige, he risks facing criminal charges and penalty. Precisely, the subpoena requires a person to submit their evidence regarding a filed case.
HIPAA Violation
According to Bennett, (2006) “The Health Insurance Portability and Accountability Act (HIPAA) were put in place in order to safeguard individual’s insurance coverage”.. It is accountable for maintaining the security and privacy of individual’s information that is usually related to their healthcare (Bakken, 2000). Healthcare practitioners should therefore follow the rules and regulation provided in HIPAA Act. A certificate of compliance should be possessed by practicing health physician which is quite significant in understanding the aspects of HIPAA.
When Dr. Williams realized that he had made a mistake while handling Joan’s abortion case and Joan was wiling to file a lawsuit, he subjected his patient’s medical records to a third party for assistance Bennett (2006) asserts that “the HIPAA provides that no health practitioner is allowed to share his/her patient’s health information with a third party”. The HIPAA provides for privacy and security of patients healthcare information. Therefore DR. William did violate the HIPAA by disclosing his patient’s healthcare information to his friend and colleague (Klepper, 2005).
Conclusion
It is worth noting that subpoenas are crucial documents that form part of a case hearing. They are crucial because they provide the case with witnesses whose testimonies in the case helps extensively in making sound judgment (Gallagher, E & AshcrafT, 2006). Joan and Dr. William formed part of the testimonies of their case regarding an error done by Dr. William to her client. Dr. William would face charges of mishandling of his patient as well as violation of Health Insurance Portability and Accountability Act (HIPAA) whereby he failed to maintain privacy and security of his patients’ health documents.
Reference
Bakken, G. (2000). Law in the western United States. Oklahoma: University of Oklahoma Press.
California code of civil procedure section 41-45Chapter 3
California’s business and professions code 349a
California’s business and professions code 349b
Centers for Medicare and Medicaid Services (2003). Home Page. Retrieved on October 19, 2010, from
http://cms.hhs.gov/default.asp?fromhcfadotgov=true
ChaikindH. R. (2004).The Health Insurance Portability and Accountability Act (HIPAA): overview and analyses New York: Nova Publishers
Dorothy E. Northrop, Stephen Cooper .(2003).Health insurance resource manual:
a guide for people with chronic disease and disability London:Demos Medical Publishing, 2003
Gallagher, E & Ashcraft, W. (2006). Introduction to New and Alternative Religions in America: African Diaspora traditions and other American innovations. New York: Greenwood Publishing Group.
