Q: statute and legal theory

A: Under California law, there are a few potential statutes and legal theories that could apply in a case where a hospital laboratory provided erroneous blood test results indicating a non-existent terminal disease, leading to an improper referral to hospice care:

1. Medical Negligence (Professional Negligence) - California Code of Civil Procedure § 340.5

Legal theory: The hospital and its laboratory owed a duty of care to the patient to provide accurate test results and diagnoses. Failing to do so breaches this duty and constitutes medical negligence.

2. Negligent Infliction of Emotional Distress - California Supreme Court case Molien v. Kaiser Foundation Hospitals (1980) 27 Cal.3d 916

Legal theory: The hospital's negligence in providing incorrect test results caused the patient to suffer serious emotional distress by falsely believing they had a terminal illness.

3. Fraud - California Civil Code § 1572 and § 1710

Legal theory: If the hospital or its staff intentionally misrepresented the test results or diagnosis, knowing them to be false, they could be liable for fraud.

4. Elder Abuse (if the patient is over 65) - California Welfare and Institutions Code § 15600 et seq.

Legal theory: Incorrectly diagnosing a terminal illness and referring an elderly patient to hospice care unnecessarily could constitute elder abuse under California law.

5. Unfair Business Practices - California Business and Professions Code § 17200 et seq.

Legal theory: The hospital's actions could be considered an unfair business practice if they are shown to be unethical, substantially injurious to patients, or detrimental to the public.

The most likely cause of action would be medical negligence, as the hospital and its laboratory have a clear duty to provide accurate test results and diagnoses to patients. Damages could include compensation for emotional distress, medical expenses, and any other losses resulting from the incorrect diagnosis and referral to hospice care.