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

Q: how unreasonable non-disclosure of security breach by hospital reflects Hospital's role in referral to hospice?

Plaintiff's records were released by hospital to hospice, misrepresenting Plaintiff's health.

In context that unauthorized release of records represented actual fraudulent referral to hospice, how unreasonable non-disclosure of this security breach by hospital reflects Hospital's role in referral to hospice?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, a hospital's failure to disclose a security breach involving the unauthorized release of a patient's records to a hospice can significantly impact its role in the fraudulent referral. This lack of disclosure demonstrates a potential disregard for patient privacy and can be seen as a breach of trust and legal responsibility.

When a hospital releases records without authorization and misrepresents a patient's health, it can lead to inappropriate and potentially harmful medical decisions, such as an unjustified hospice referral. The hospital's failure to inform the patient about this breach prevents the patient from taking timely action to correct their medical information and to seek redress for any harm caused.

This unreasonable non-disclosure suggests that the hospital may have been aware of the potential consequences but chose to conceal the breach. Such behavior can be seen as complicit in the fraudulent referral, as it allows the misrepresentation to persist unchallenged, undermining the patient's right to accurate medical records and appropriate care.

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.