Q: Type of relationship between hospital and patient
After patient is admitted to hospital with signed hospital's conditions of admission, and hospital owns patient's medical information, how hospital patient relationship is defined? (hospital is not liable for actions of independent doctor)
Data stewards work for hospital.
A:
In the scenario you described, where a patient is admitted to a hospital in California and signs the hospital's conditions of admission, the relationship between the hospital and patient is generally defined as a bailment relationship with regards to the patient's medical information.
Key points about this relationship:
1. Bailment: When the patient provides their medical information to the hospital, it creates a bailment. The hospital becomes the bailee (the party entrusted with possession of the property) and the patient is the bailor (the party who entrusts their property to the bailee). The hospital has a duty to safeguard the patient's medical information.
2. Hospital's duty: As a bailee, the hospital has a duty to exercise reasonable care in protecting the patient's medical information from unauthorized access, use, or disclosure. This includes maintaining appropriate security measures and limiting access to authorized personnel only.
3. Data stewards: Data stewards who work for the hospital are responsible for managing and protecting the patient's medical information on behalf of the hospital. They must ensure compliance with relevant laws, regulations, and the hospital's policies regarding the handling of patient data.
4. Independent doctors: If the hospital is not liable for the actions of independent doctors, it means that these doctors are not considered employees or agents of the hospital. They are treated as independent contractors. However, the hospital still has a duty to ensure that these doctors are properly qualified and credentialed to provide medical services within the hospital.
5. Patient's rights: While the hospital owns the physical or electronic records containing the patient's medical information, the patient retains certain rights under state and federal laws, such as the right to access their medical records, request amendments, and receive an accounting of disclosures.
It's important to note that the specific details of the hospital-patient relationship may vary depending on the hospital's policies, the conditions of admission, and applicable state and federal laws, such as the California Confidentiality of Medical Information Act (CMIA) and the federal Health Insurance Portability and Accountability Act (HIPAA).
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