SAN FRANCISCO — A public defender challenged the adequacy of a competency evaluation during a Mental and Behavioral Health hearing, arguing that the medical expert’s report omitted significant aspects of the accused’s mental health history, including a previous finding of incompetency and a prolonged hospitalization.
The accused is charged with a misdemeanor. At a previous hearing, the court granted misdemeanor diversion, and the criminal proceedings were suspended after defense counsel declared doubt as to the accused’s competency, with the court agreeing.
On July 15, the court received a competency report prepared by a medical expert witness concluding that the accused was competent.
However, Deputy Public Defender Daniel Meyer argued that the evaluation failed to include the accused’s prior finding of incompetency in Oregon and a prolonged hospitalization at St. Francis Hospital. Meyer also told the court that he did not have the opportunity to discuss those records with the medical expert witness before the report was completed.
Meyer requested that the court order another assessment so the additional information could be included and set future proceedings accordingly.
During an off-the-record discussion, District Attorney Asha Jameson suggested that rather than obtaining a separate expert, the defense should request a supplemental report from the medical expert witness.
“If you think that [the medical expert witness] didn’t get the adequate amount of information, you can also ask for a supplemental report from [her] and provide that information to [her] before you hire your own expert,” Jameson said to Meyer.
Meyer agreed that obtaining a supplemental report would be the more efficient course of action.
Back on the record, Judge Charles Crompton concluded, “We are going to ask [the expert medical witness] to update her report with the information that Mr. Meyer will provide to her regarding the accused’s incompetency.”
Although Crompton granted the defense’s request, the case demonstrates the potential dangers of incomplete medical records. According to Trivent Legal, “failure to maintain [medical] records can be seen as a breach of ethical and professional duties, especially under statutes like HIPAA or the doctrine of informed consent.”
The next hearing is set for Aug. 13 in Department 17.
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