Discuss whether there has been a violation of the Health Insurance Portability and Accountability Act (HIPAA)?
Law and Legal Process
Dr. Williams is a new graduate from an overseas medical school. He has passed all applicable licensing exams and requirements allowing him to legally practice medicine. Because he graduated from a medical school outside of the U.S. he experienced a hard time finding a full-time permanent position.
Dr. Williams knows that his classmate and friend, operates a medical clinic in another state. The clinic provides abortion services and is very profitable. Dr. Williams decides to open a similar clinic.
One of Dr. Williamsâ€ patients, Joan, suffers injuries as a result of an error by Dr. Williams. This was witnessed by an assistant (YOU) who no longer works with Dr. Williams. Anticipating a lawsuit, Dr. Williams shows Joanâ€s medical records to a friend for advice. His friend tells Dr. Williams to contact his medical malpractice insurance carrier.
Joan decides to sue Dr. Williams. Joanâ€s attorney files a complaint with the superior court and a summons issues. A week later, Dr. Williams is served with papers by the Marshalâ€s office. Soon thereafter you receive a subpoena to appear and testify.
1. Prepare and submit a 3 page paper
2. Assuming Dr. Williams is in California, and California statutes apply:
A). Indicate how long he has to respond (file an Answer) to the lawsuit
B). Discuss whether Joanâ€s attorney has to give advance notice of her lawsuit? If so, how many days?
C). Explain a subpoena and discuss your obligations in responding to the subpoena;
3. Discuss w
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