Los Angeles, CA asked in Personal Injury and Health Care Law for California

Q: independent consultant's medical directions versus directions for unauthorized disclose patient's records

How obligations of hospital (that hospital ambiguously stated in conditions of admission to hospital) are differentiated in specific CIVIL statutes:

following independent consultant's medical directions versus directions for unauthorized disclosure of patient's records after discharge?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, hospitals have distinct obligations when it comes to following medical directions from independent consultants and handling the unauthorized disclosure of patient records. These obligations are governed by different civil statutes, which address the specific aspects of each situation.

When it comes to following an independent consultant's medical directions, hospitals are generally required to comply with these directions as part of providing appropriate patient care. This is covered under the California Business and Professions Code, which mandates that hospitals adhere to the medical directives of licensed healthcare providers to ensure patient safety and effective treatment.

In contrast, the unauthorized disclosure of a patient's medical records is governed by the California Confidentiality of Medical Information Act (CMIA). This act strictly regulates how patient information can be disclosed, ensuring that hospitals protect the privacy of patients' medical records. Unauthorized disclosure can result in significant legal penalties and damages.

In summary, while hospitals must follow medical directions from independent consultants to provide proper care, they are also legally bound to protect patient records from unauthorized disclosure. These obligations are clearly defined under separate civil statutes to ensure both effective medical treatment and the confidentiality of patient information.

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