Q: Hospital CIVIL liability to patient for misrepresentation of patient's health by unauthorized med. record's disclosure

A: In California, aside from the California Medical Information Act (CMIA) and relevant Penal and Health and Safety Codes, civil liability for a hospital regarding unauthorized disclosure of medical records can be addressed under various other legal doctrines and statutes. One such area is tort law, specifically through claims of negligence and invasion of privacy.

Negligence involves the failure of the hospital to exercise reasonable care in protecting the patient's medical records. If a hospital misrepresents a patient's health by disclosing false information about a terminal disease to a hospice, it could be seen as a breach of their duty to maintain accurate and confidential records, leading to potential civil liability for the resulting harm.

Additionally, the common law tort of invasion of privacy may apply. This tort protects against the unlawful intrusion into one's private affairs or the public disclosure of private facts. Unauthorized disclosure of medical records, particularly with such severe implications as falsely indicating a terminal illness, could be considered an invasion of privacy, giving rise to civil liability for damages suffered by the patient.

To strengthen your case, it may be beneficial to consult with an attorney who can help identify the specific legal claims most applicable to your situation and guide you through the process of seeking compensation for any harm caused.