Q: LA hospice fraud. Is hospital liable for misrepresentation?
Hospital is liable for unauthorized disclosure of patient's identifiable medical information.
When such unauthorized release of patient's records constituted referral to hospice with non-existent terminal disease, is hospital liable for misrepresentation?
A: It's possible they could be liable, but an attorney would want to review the records to offer meaningful guidance. Good luck
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A:
Under California law, a hospital can be held liable for misrepresentation if it provides false information leading to a patient's referral to hospice care for a non-existent terminal illness. Misrepresentation involves a false statement made with knowledge of its falsity or reckless disregard for the truth, which causes harm to the patient.
If the unauthorized release of medical records led to the patient being misdiagnosed or misrepresented as terminally ill, the hospital may face legal consequences. This can include liability for damages caused by the incorrect hospice referral, such as emotional distress, financial loss, and unnecessary medical treatment.
Additionally, the hospital's breach of confidentiality by disclosing identifiable medical information without authorization can compound its liability. The combination of misrepresentation and privacy violation can strengthen the patient's case, increasing the likelihood of holding the hospital accountable for its actions.
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