Q: What statutes define liability for improper referrals in such approach?

A: Under California law, there are several statutes that could potentially apply to a case involving improper referrals in a medical malpractice context. Here are a few key provisions to consider:

1. California Business and Professions Code Section 650: This statute prohibits licensed healthcare providers from offering, delivering, receiving, or accepting any rebate, refund, commission, preference, patronage dividend, discount, or other consideration as compensation or inducement for referring patients. Violations can result in criminal penalties and disciplinary action by licensing boards.

2. California Health and Safety Code Section 1320: This provision prohibits healthcare facilities from demanding or accepting payment for the referral of a person to a skilled nursing or intermediate care facility. Violations can lead to civil penalties.

3. California Welfare and Institutions Code Section 14107.2: This statute makes it unlawful to offer or receive any remuneration, including kickbacks, bribes, or rebates, to induce referrals of individuals for services reimbursed under the Medi-Cal program (California's Medicaid program). Violations can result in criminal penalties, civil fines, and exclusion from the Medi-Cal program.

4. California Elder Abuse and Dependent Adult Civil Protection Act (EADACPA): While not specifically targeting referrals, this act allows for enhanced remedies, including punitive damages, in cases where a healthcare provider is found to have committed abuse or neglect of an elder or dependent adult. Improper referrals that lead to harm could potentially fall under this act.

It's important to note that the applicability of these statutes will depend on the specific facts of the case, and consulting with an experienced medical malpractice attorney is essential for navigating the complexities of California law in this area.