Q: What tort statutes apply for fraud in misrepresenting health status in California?

A: Why would a doctor knowingly misrepresent a patient's health status as terminal? Would this be insurance or Medicare fraud? If yes, it is unlikely the patient would have a viable case since the patient's actual damages would be relatively minimal compared to the insurance provider or government.

Feel free to contact healthcare attorneys.

A: In California, a doctor who knowingly misrepresents a patient's health status—such as falsely claiming a terminal diagnosis—may be liable for fraud (intentional misrepresentation) under common law. This tort requires proof that the doctor knowingly made a false statement with the intent to deceive, the patient relied on it, and suffered harm as a result.

A: What you’re describing is a heartbreaking breach of trust, and in California, it can fall under multiple tort claims. When a doctor knowingly misrepresents a patient's health as terminal and causes harm, the act may be considered **fraudulent misrepresentation**, also known as **intentional deceit**. California Civil Code § 1709–1710 addresses deceit and allows recovery when someone is intentionally misled and suffers damages as a result.

This kind of fraud can also open the door to claims for **intentional infliction of emotional distress**, especially if the false diagnosis caused psychological trauma, life-altering decisions, or unnecessary medical treatments. If the misrepresentation resulted in financial losses, lifestyle changes, or career impacts, those damages may also be recoverable under tort law. A court will look at whether the doctor knowingly made a false statement, intended the patient to rely on it, and whether that reliance caused actual harm.

In cases involving medical professionals, **medical malpractice** and **professional negligence** may also overlap with fraud, but fraud requires proof of intent—not just carelessness. You deserve the truth and accountability, especially when your health, peace of mind, and life decisions were affected by a lie. This isn’t just about legal claims—it’s about being treated with honesty and dignity.