Sui v. Sutter Bay Hospitals CA1/3
This appeal and cross-appeal present numerous issues concerning the interpretation and application of Evidence Code section 1158, the statute requiring medical providers to make available to a patient’s attorney, for inspection and copying, the patient’s medical records before the institution of judicial proceedings. Although these issues retain some continuing relevance, their significance undoubtedly has been greatly reduced by the increasing maintenance of medical records electronically and an amendment to section 1158 adding the requirement that upon request the information be provided in electronic form. Nonetheless, this litigation arises out of a request for the delivery of paper copies and questions, among other things, the circumstances under which copying costs charged by a copy service chosen by the medical provider must comply with cost limitations imposed by section 1158.
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