Letter to Gerald Barkel of CalaCare, 8/26/96

August 26, 1996

Gerald Barkel, Esq.
CalaCare HMO

Dear Mr. Barkel:

As naive as it may be, if I were to give you the material that you seek, I would be violating both ethical doctor/patient privilege obligations and legal restrictions against disclosing such material. You are seeking an indemnity based upon my unwillingness to give you such material. I am happy to acknowledge to you, in writing, that I will not turn this material over to you. You see, I just did it again. There it is. I won't turn the material over to you.

If my failure to turn over such material to you serves as a defense for you in some future negligence case, then so be it. Those are the facts, and they are now clearly documented. I will not sign your indemnity agreement because I cannot think of any reason why I should assume extra liability than that which I currently have. I am, however, willing to take responsibility for my actions, and that is why I am willing to certify to you, in writing, that I will not violate doctor/patient privilege by turning over material to which you are not entitled. You see? I did it again! There it is in writing for you to wave in a courtroom.

Very truly yours,

Charles Balis, M.D.

Arrow, Straight, Left, Earlier Arrow, Straight, Right, Later

Button to Dr. Balis' Notes Doctor Balis' Notes on this Letter

Button to CalaCare HMO File File of CalaCare HMO
Button to Correspondence Dr. Balis' Professional Correspondence

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