Q: What torts common law statutes define hospital liability to patient for fraud?

A: A primary one is intentionally or knowingly making a false statement on which the other side relies on. Good luck

A: Under California law, there are a few key common law torts and statutes that can define a hospital's liability to a patient for fraud:

Common Law Torts:

1. Fraudulent Misrepresentation - This occurs when a hospital makes a false representation of an important fact, knows it is false, intends to induce reliance by the patient, and the patient reasonably relies on it to their detriment.

2. Fraudulent Concealment - This happens when a hospital has a duty to disclose an important fact to a patient but intentionally conceals it, causing harm to the patient who was unaware of the fact.

Relevant Statutes:

1. California Civil Code Section 1709 (Deceit) - "One who willfully deceives another with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers."

2. California Civil Code Section 1710 (Types of Deceit) - Deceit is defined as:

"1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true;

3. The suppression of a fact, by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,

4. A promise, made without any intention of performing it."

3. California Business and Professions Code Section 17200 (Unfair Competition Law) - This statute prohibits "unfair competition," which includes any "unlawful, unfair or fraudulent business act or practice." Concealing important facts from patients could constitute a fraudulent business practice.

So in summary, a hospital could face liability under theories of fraudulent misrepresentation, concealment, deceit, and unfair business practices if it makes false statements to patients or conceals important facts that it had a duty to disclose, and patients are harmed as a result. The specific facts of each case would determine which theories apply.