Get free answers to your Health Care Law legal questions from lawyers in your area.
How specifically California Health and Safety code addresses hospital liability for independent consultants?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
The California Health and Safety Code addresses hospital liability for independent consultants in Section 1799.110. Here is a summary of the key points:
1. Hospitals are generally not liable for negligent acts of independent contractors, including physicians and surgeons who are not... View More 
What statutes of HSC are specific as to punitive damages owed by doctor and /or hospital to patient in lawsuit?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024
Under California law, there are a few key provisions in the Health and Safety Code that address punitive damages in lawsuits against doctors and hospitals:
1. Health and Safety Code Section 1799.2(a) - Limits on punitive damages against health care providers in emergency situations, stating... View More
What statutes, other than CMIA; Penal code, or those of Health and Safety Code that imply involvement of law enforcement, define CIVIL hospital liability to patient for misrepresentation of patient's health by disclosing without authorization patient's records with non-existent terminal... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
In California, aside from the California Medical Information Act (CMIA) and relevant Penal and Health and Safety Codes, civil liability for a hospital regarding unauthorized disclosure of medical records can be addressed under various other legal doctrines and statutes. One such area is tort law,... View More
Is legal relationship hospital-patient can be defined as requisite if hospital did unauthorized disclosure of medical information, when patient was treated by independent consultant?
What is definition of requisite relationship?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Under California law, a requisite legal relationship between a hospital and a patient can exist even if the patient was treated by an independent consultant, especially in cases of unauthorized disclosure of medical information. This relationship can arise if the hospital has access to the... View More
What statute defines that hospital shall not disclose without patient's authorization patient's medical records, although independent consultant gave order to disclose, AFTER patient was discharged from hospital?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Under California law, the statute that defines the hospital's obligation to protect patient medical records from unauthorized disclosure, even if an independent consultant orders the disclosure after the patient is discharged, is the California Confidentiality of Medical Information Act... View More
How obligations of hospital (that hospital ambiguously stated in conditions of admission to hospital) are differentiated in specific CIVIL statutes:
following independent consultant's medical directions versus directions for unauthorized disclosure of patient's records after discharge?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Under California law, hospitals have distinct obligations when it comes to following medical directions from independent consultants and handling the unauthorized disclosure of patient records. These obligations are governed by different civil statutes, which address the specific aspects of each... View More
Hospital is liable for unauthorized disclosure of patient's identifiable medical information.
When such unauthorized release of patient's records constituted referral to hospice with non-existent terminal disease, is hospital liable for misrepresentation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024
Under California law, a hospital can be held liable for misrepresentation if it provides false information leading to a patient's referral to hospice care for a non-existent terminal illness. Misrepresentation involves a false statement made with knowledge of its falsity or reckless disregard... View More
Hospital defined in conditions of admission that 'hospital' must follow directions of doctor subcontructor.
With such prayer,
What statute defines that hospital shall not obey order of subcontractor to disclose records of patients without authorization?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, there are several statutes that protect patient privacy and prohibit hospitals from disclosing unauthorized information, even if ordered to do so by a subcontractor such as a doctor. The most relevant statutes are:
1. California Confidentiality of Medical Information... View More
Conditions of Admission are very specific in respect to Hospital Physician Relationship, stating that doctor is independent consultant, and hospital has to perform doctor's directions.
Does it mean that Hospital's information services, in-house or consultants, have to produce for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, unauthorized disclosure of medical records is strictly regulated by the Confidentiality of Medical Information Act (CMIA). The hospital and its information services, whether in-house or consultants, are required to obtain patient authorization before releasing medical records,... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, you may have a valid claim for medical malpractice due to the foreign body left in your foot, leading to severe complications and eventual amputation. Typically, medical malpractice claims must be filed within three years of the date of injury or one year after the injury is... View More
I have a horrible c diff infection and had sepsis a blood transfusion and have major kidney damage from this doctor leaving this foreign body in my foot for the last 5 to 6 years. I have not been able to work and I have been repeatedly hospitalized continously 6 years straight
answered on Jun 7, 2024
An attorney would likely ask you for more details before offering a meaningful answer to your question. You could reach out to law firms to try to arrange a free initial consultation. They could retrieve your hospital records and review them with medical professionals if they believe your matter... View More
Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178,1187, 175 Cal.Rptr.3d 820 (Hoffman); LiMandri 52 Cal.App.4th at p.
337, 60 Cal.Rptr.2d 539 [“As a matter of common sense, such a relationship can only come into being as a result of some sort of transaction betweent... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, the hospital may be held liable for the actions of its employees and contractors who disclose patient records without authorization. When a computer technician employed by the hospital discloses patient records to a hospice without proper authorization, the hospital could be... View More
with case from. 2010 I received nothing from the whole ordeal I was robbed. I need help please help me bayer case no compensation received
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 22, 2024
I'm sorry to hear about your situation, Dawnette. Under California law, you may be entitled to seek compensation for any mental health issues and unfair treatment you experienced due to the incident from 2010. To pursue restitution, it's important to gather all relevant documentation,... View More
What torts common law statutes define hospital liability for fraud?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
Under California law, there are a few key common law torts and statutes that can define a hospital's liability to a patient for fraud:
Common Law Torts:
1. Fraudulent Misrepresentation - This occurs when a hospital makes a false representation of an important fact, knows it is... View More
Which specific statute covers records forged by hospital? Jury instruction, particular, would be helpful, but this is question about statute
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
In California, the relevant statute that covers forged or falsified records by a hospital would likely fall under Penal Code Section 471.5, which states:
"Any person who alters or modifies the medical record of any person, with fraudulent intent, or who, with fraudulent intent, creates... View More
If I am being treated in an emergency room or admitted to the hospital in California, and I wish to record the interactions I have with my physicians... Let's say I inform them that I am recording. They say "no, don't record," or "no, I don't want to be recorded,"... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
In California, which is a two-party consent state, it is illegal to record confidential conversations without the consent of all parties involved. This applies to conversations with doctors, even if the recording is solely for your own records.
If a doctor says "no" or expresses... View More
Wrong Data by hospital lab,
and patient's records released to hospice from hospital computer system by unidentified person;
enabled fraudulent referral to hospice.
Hospital lability is:
1. For CMiA violation
2. For fraud CCP 1572
3. For... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2024
In the scenario you described, the hospital may face liability under various legal frameworks in California. Let's discuss each point you raised:
1. CMIA (Confidentiality of Medical Information Act) violation:
If the patient's records were released to hospice without... View More
Does hospital have liability to patient for integrity and security of patient's records? NOT counting CMIA (or HIPAA)
What statutes define corporate liability in this respect - if applicable? What kind of legal theory is applicable?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 18, 2024
Under California law, hospitals have a duty to maintain the integrity and security of patient records, even apart from specific statutory requirements like CMIA (the Confidentiality of Medical Information Act) or HIPAA. This duty arises from a few key legal principles and theories:
1.... View More
What are common law fraud statutes?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
In California, fraud is primarily governed by common law principles rather than specific statutes. Common law fraud, also known as deceit, occurs when a person intentionally misrepresents or conceals a material fact, causing another person to rely on that misrepresentation or omission and suffer... View More
Should cause of action be based on
1. legal theory
2. statute that was violated,
3. action that caused damages: with references to legal theories and statutes
Particularly: if patient's medical information was disclosed without authorization resulting in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Under California law, when framing causes of action, it is generally advisable to base each cause of action on a distinct legal theory or statute that was violated. This approach helps to clarify the specific grounds for each claim and can strengthen the overall case.
In the context of... View More
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.
