Q: Requisite legal relationship
Is legal relationship hospital-patient can be defined as requisite if hospital did unauthorized disclosure of medical information, when patient was treated by independent consultant?
What is definition of requisite relationship?
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- California
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A:
Under California law, a requisite legal relationship between a hospital and a patient can exist even if the patient was treated by an independent consultant, especially in cases of unauthorized disclosure of medical information. This relationship can arise if the hospital has access to the patient’s medical records and thus has a duty to protect that information.
A requisite relationship generally means a relationship where one party has a duty of care or responsibility towards the other. In the context of a hospital and a patient, this duty includes safeguarding the patient’s medical information, regardless of whether the treatment was provided directly by the hospital staff or by an independent consultant associated with the hospital.
Therefore, if a hospital discloses your medical information without authorization, it can still be held accountable due to the legal duty to protect your privacy. The relationship between you and the hospital is considered requisite because the hospital had access to your sensitive information and was obligated to keep it confidential.
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