Law and Legal Process

Law and Legal Process

Healthcare services are often viewed as services representing a higher risk to the health and life of patients. The advertising of abortion was an unacceptable error made by Dr. Sanders because such advertisements are forbidden in California. According to California Business and Professional code advertising abortion is illegal (California Business and Professional Code, 601). Consequently, she had violated the law when she started advertising abortion services in California. Dr. Sanders can argue that she was unaware of the illegal status of abortion advertising in California, but her ignorance, in accordance with legal norms of California and the US, does not allow her violating the law and punishment for any illegal activities, even if the offender is unaware of their illegal status, is inevitable.
Dr. Sanders’ mistake eventually resulted in the lawsuit, which was a logical reaction of the patient, Joan on the illegal actions and jarms caused to her health by Dr. Sanders because of her low professional level, which, in all probability, does not meet her actual position of a healthcare professional having her practice in California. According to the Code of the Civil Procedure, section 412.20, the defendant has 30 days to file a written response to the lawsuit. However, Dr. Sanders is not obliged to respond to the lawsuit immediately. According to the California Business and Professions Code, the actions of Dr. Sanders can be qualified as the professional negligence. In such a case, she should not respond immediately to the lawsuit. According to the Code, no action based upon a healthcare 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 (California Business and Professions Code, 349a). At the same time, this means that Joan’s attorney has to give advance notice of the lawsuit 90 days before the lawsuit may be commenced. Therefore, Dr. Sanders and her defendant have ninety days to respond to the lawsuit and during this time they can prepare for the defense of Dr. Sanders. However, it is worth mentioning the fact that no particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with the specificity the nature of the injuries suffered (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). However, according to the section 365 of the Code of Civil Procedure, failure to comply with this chapter shall not invalidate any proceedings of any court in this state, i.e. California, not shall it affect the jurisdiction of the court to render a judgment therein. However, failure to comply with such provisions by any attorney at law shall be grounds for the professional discipline and the State Bar of California shall investigate and take appropriate action in any such cases brought to its attention.
In such a situation, I, as a witness of the error made by Dr. Sanders, should better respond to subpoena in order to avoid possible punishment. In fact, subpoena may be defined as a written command to a person to testify before the court or be punished. In such a way, any attempts from my part to avoid responding to the subpoena will result in the punishment. As a rule, the subpoena is the request made by a government authority and it is attached to a request to enhance it and ensure that I, as well as any other person receiving a subpoena, will respond to it. It is worth mentioning the fact that I will respond to the subpoena ad testificandum which requires me to testify before the ordering authority or face the punishment. Basically, I have three choices to respond to the subpoena. Firstly, I can comply with the subpoena, i.e. show up and produce evidence. Secondly, I can convince a court that I do not have to comply, i.e. motion to quash. And, finally, I can refuse to comply but the court may then hold me and I will likely be punished for such actions. Therefore, the most plausible way of actions from my part is to comply the subpoena and assist the justice through giving my evidence in the case of Dr. Sanders and injuries of Joan. Hence, I have two options: either to be present and give evidence or provide written evidence to the court.
Thus, it is obvious that the existing legal norms leave practically no room for escape the trial and avoiding punishment if a mistake in healthcare services occurs. At the same time, it is highly recommended assisting the justice system in order to avoid undeserved punishment.


References:
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Centers for Medicare and Medicaid Services (2003). Home Page. Retrieved on May 22, 2008, from
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“Cornell school of law, legal information institute” (2000). State Statutes on the Internet. Retrieved on May 22, 2008, from
http://www.law.cornell.edu/topics/state_statutes.html.
Spevak, C. (2006). “The grand jury and health care crimes: what every physician executive needs to know. Physician Executive, 32(1), 68- 70.
United States Department of Health and Human Services (2003). Home Page. Retrieved on May 22, 2008, from
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