Sanctions Order Was Appealable, With Substantial Evidence Supporting It.
Pulling tooth from elephant. Nov. 3, 1924. Library of Congress.
A patient has a statutory right to a copy of medical records on request, with this right enforceable by a special proceeding for an order to show cause allowing the court to impose monetary sanctions in the amount of the patient’s reasonable enforcement expenses, which include attorney’s fees, for a medical professional’s noncompliance. (Code Civ. Proc., § 1985.7; Evid. Code, § 1158.)
In Weaver v. Do, Case No. B254248 (2d Dist., Div. 8 April 6, 2015) (unpublished), patient obtained $935 in sanctions (attorney’s fees) after a dentist apparently gave her the “run-around” on producing dental records, after admitting he had them and then suggesting they went elsewhere.
That result was affirmed on appeal. The sanctions order was determined to be appealable given that CCP § 1985.7 has no limitation on appealability. Because the contested issue was custody, this question was factual in nature, with the trial court’s credibility calls against the losing dentist prevailing in patient’s favor on review.