Q: How defendant confronts de facto endoresement?
Legal case, that includes unauthorized release of records to hospice, was filed 1.5 years ago.
If hypothetically information services providers disclosed by themselves patient's records specifically to hospice apparently intentionally (and somehow obtained other data needed for referral that was not in records that they could produce) how hospital can deny endorsement?
A:
Under California law, if information services providers disclosed a patient's records to a hospice without authorization, the hospital can deny endorsement by demonstrating that the disclosure was not sanctioned by the hospital and that it violated established privacy protocols. The hospital would need to provide evidence that it had appropriate policies and procedures in place to protect patient information and that the actions of the information services providers were independent and unauthorized.
The hospital can argue that it had no knowledge of the unauthorized disclosure and did not approve or endorse the release of the records. This defense can be strengthened by showing documentation of internal training programs, compliance audits, and disciplinary actions taken against the individuals responsible for the breach. These measures indicate the hospital's commitment to patient privacy and its proactive steps to prevent such occurrences.
Additionally, the hospital can emphasize that the unauthorized disclosure was an isolated incident and not reflective of its standard practices. By illustrating that it has taken corrective actions to prevent future breaches, the hospital can further distance itself from the actions of the information services providers, reinforcing its stance that it did not endorse or support the unauthorized release of patient records.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.