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Medical Law Overview - Dr. Sanders

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Dr. Robin Sanders is a new graduate from an overseas medical school. She has passed all applicable licensing exams and has satisfied all training requirements; therefore she may practice medicine legally. Because she graduated from a medical school outside of the U.S. she has having a hard time finding a full-time permanent position.

Dr. Sanders knows that her classmate and friend operates an abortion clinic that is very profitable in another state. Dr. Sanders decides to open a similar clinic and begins to advertise her services.

One of Dr. Sanders' patients, Joan, suffers injuries as a result of an error by Dr. Sanders. This was witnessed by her assistant (YOU) who no longer works with Dr. Sanders. Joan decides to sue Dr. Sanders. Joan's attorney files a complaint with the superior court and a summons issues. A week later, Dr. Sanders is served with papers by the Marshal's office. Soon thereafter you receive a subpoena to appear and testify.

Assuming Dr. Sanders is in California, and California statutes apply,

Did she do anything wrong by advertising abortion services?

How long does she have to respond (file an Answer) to the lawsuit?

Did Joan's attorney have to give advance notice of her lawsuit? If so, how many days?

What is a subpoena and what are your obligations in responding to the subpoena?

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Solution Summary

Medical law is overview - Dr. Sanders - One of Dr. Sanders' patients, Joan, suffers injuries as a result of an error by Dr. Sanders. This was witnessed by her assistant (YOU) who no longer works with Dr. Sanders. Joan decides to sue Dr. Sanders. Joan's attorney files a complaint with the superior court and a summons issues. A week later, Dr. Sanders is served with papers by the Marshal's office. Soon thereafter you receive a subpoena to appear and testify.

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1. Assuming Dr. Sanders is in California, and California statutes apply, did she do anything wrong by advertising abortion services?

Since it is not clear how Dr. Sanders advertised her abortion services, I will take the stand that she did nothing wrong. She could have advertised them on any of the online advertising boards which are privately regulated and under no other regulatory commission as long as they are legal. She may have also advertised here services as Planned Parenthood which is legal in California.

2. How long does she have to respond (file an Answer) to the lawsuit?

For most types of lawsuits, the law requires you to file a written response with the court within 30 calendar days ...

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