Hospital Not Liable for Calling Police on Drunk Patient

December 20, 2019, 4:15 PM UTC

A California hospital didn’t violate the state’s medical information privacy law by calling police to report a discharged patient’s suspected intoxication because the disclosure was authorized by law, a state appeals court said.

California’s litigation privilege shields reports made to police about criminal activity, so Susan Rogers couldn’t proceed on claims against Ridgecrest Regional Hospital for disclosing confidential information, the court said.

The California Court of Appeal, Fifth District, rejected Rogers’s argument that the privilege shouldn’t apply because the hospital staff created the potential for a crime by maliciously or negligently discharging her when they suspected she was intoxicated.

The ...

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