What liability theories and statutes are in relevance?

Question

For reading and response. Casuistic not requested. 
 
A doctor de facto denies to patient discharge from hospital covered by insurance.  
Patient gets referred to a facility that has to pay for. 
Referral to hospice is made by undisclosed hospital provider, based on hospital admission diagnosis, recorded by the same doctor who refused discharge covered by insurance. 
 
What liability theories and statutes are in relevance?

James L. Arrasmith · Answer

There are several potential liability theories and statutes that could be relevant in this situation in California: 
 
1. Medical malpractice: If the doctor's decision to deny discharge and refer the patient to a facility that requires payment was not medically justified or fell below the standard of care, it could constitute medical malpractice under California law (California Code of Civil Procedure 340.5). 
 
2. Breach of fiduciary duty: Physicians owe a fiduciary duty to their patients, which includes acting in the patient's best interest. If the doctor's actions were motivated by financial gain or other improper motives, it could be considered a breach of fiduciary duty (California Probate Code 16004). 
 
3. Fraud: If the doctor intentionally misrepresented the patient's condition or the necessity of the referral to the paid facility for personal gain, it could potentially constitute fraud (California Civil Code 1572). 
 
4. Elder abuse: If the patient is over 65 years old and the doctor's actions are considered neglect or financial abuse, the Elder Abuse and Dependent Adult Civil Protection Act (California Welfare and Institutions Code 15600 et seq.) may apply. 
 
5. Violation of the California Insurance Frauds Prevention Act: If the doctor's actions were part of a scheme to defraud an insurance company, it could violate the California Insurance Frauds Prevention Act (California Insurance Code 1871 et seq.). 
 
6. Violation of the California False Claims Act: If the doctor's actions caused false claims to be submitted to a government healthcare program like Medi-Cal, it could violate the California False Claims Act (California Government Code 12650 et seq.). 
 
7. Violation of the California Unfair Competition Law: If the doctor's conduct is considered an unfair business practice, it may violate the California Unfair Competition Law (California Business and Professions Code 17200 et seq.). 
 
The applicability of these theories and statutes would depend on the specific facts of the case, and a thorough investigation would be necessary to determine the most appropriate course of action.

Q: What liability theories and statutes are in relevance?