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.

Doctor Balis' Notes on this Letter