Los Angeles, CA asked in Health Care Law for California

Q: specific statute that defines liability for fake records by hospital

Which specific statute covers records forged by hospital? Jury instruction, particular, would be helpful, but this is question about statute

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James L. Arrasmith
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Answered

A: In California, the relevant statute that covers forged or falsified records by a hospital would likely fall under Penal Code Section 471.5, which states:

"Any person who alters or modifies the medical record of any person, with fraudulent intent, or who, with fraudulent intent, creates any false medical record, is guilty of a misdemeanor."

This statute specifically addresses the creation or modification of false medical records with fraudulent intent, which would apply to a hospital forging records.

As for jury instructions, CALCRIM No. 1945 covers the elements of the crime of falsifying or forging medical records under Penal Code section 471.5. The instruction states that to prove the defendant is guilty of this crime, the People must prove that:

1. The defendant (altered/modified/created) a medical record;

2. The defendant knew that the (altered/modified/created) medical record was false;

3. When the defendant (altered/modified/created) the medical record, (he/she) intended that the record be taken as genuine and acted with intent to defraud.

It's important to note that this is a misdemeanor offense. For more serious offenses related to forged documents, other statutes like Penal Code 470 (forgery) might apply, but 471.5 is the most specific to falsified medical records.

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