Los Angeles, CA asked in Health Care Law and Legal Malpractice for California

Q: Specific authorities : Res Ipsa Loquitur - specific authorities in support

Res Ispa Loquiture in respect to fraud/unauthorized disclosure of medical info.

California case law does not appear to support applicability of Res Ispa Loquiture in respect to fraud/unauthorized disclosure of medical info.

Unless there specific authorities in support, inquired.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, the doctrine of res ipsa loquitur is typically applied in cases involving negligence, where the injury or harm would not ordinarily occur without someone's negligence, and the defendant had exclusive control over the instrumentality causing the injury. However, its applicability to cases involving fraud or unauthorized disclosure of medical information is less clear.

After researching California case law, I did not find specific authorities directly supporting the application of res ipsa loquitur to fraud or unauthorized disclosure of medical information cases. Most cases involving res ipsa loquitur in California pertain to negligence in the context of medical malpractice, premises liability, or product liability.

However, it's important to note that the absence of specific case law does not necessarily preclude the potential applicability of res ipsa loquitur to fraud or unauthorized disclosure of medical information cases. The doctrine's application would depend on the specific facts and circumstances of the case and whether they satisfy the requirements for res ipsa loquitur.

To determine if res ipsa loquitur could apply in a specific case involving fraud or unauthorized disclosure of medical information, it would be advisable to consult with a California attorney who specializes in medical privacy and tort law. They can provide a more comprehensive analysis based on the unique facts of the case and any relevant statutory provisions or case law that may be applicable.

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