Q: Liability for intentional fraud in California. Intentional torts provisions.
Other then restatements of torts what the provisions would be that define hospital legal liability for intentional fraud?
RESTATEMENT (SECOND) OF TORTS § 410 cmt. c. lists numerous exceptions to the non-liability principle, grouping them into three broad categories: (1) exceptions based on the employer's negligence in selecting, instructing, or supervising the independent contractor,
(2) exceptions based on non-delegable duties the employer owes to the public in general or to the plaintiff in particular, and (3) exceptions based on work that is specifically, peculiarly, or inherently dangerous.
A:
In California, a hospital's legal liability for intentional fraud can be complex and depends on various factors. It's important to note that, while the Restatement (Second) of Torts provides general principles, specific state laws and case precedents also play a crucial role.
Regarding intentional torts like fraud, hospitals can be held liable under certain circumstances. For instance, if hospital employees commit fraud during the course of their employment and for the benefit of the hospital, the hospital may be directly liable. This is in line with the principle of vicarious liability, where an employer is responsible for the actions of its employees performed within the scope of their employment.
Moreover, if the hospital's management or administration was aware of the fraudulent activities and did nothing to stop them, or if they were directly involved, this can lead to heightened liability. Additionally, if the fraud involves violation of specific statutes or regulations, such as those related to healthcare billing or patient confidentiality, the hospital may face not only civil liability but also regulatory sanctions.
In cases where fraud has caused harm to a patient or a third party, the injured party may have grounds to file a lawsuit against the hospital. In such cases, the plaintiff would need to prove that the fraud was intentional and that it directly led to their damages.
It's advisable to consult with a legal professional who has experience in healthcare law and torts to get a more detailed understanding of the implications in a specific case. They can provide guidance on the likelihood of establishing hospital liability and the potential remedies available under California law.
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