Thornburg

Plaintiff and appellant Patience Thornburg was a patient at defendant and respondent El Centro Regional Medical Center (El Centro) and in April 2002 Thornburg’s attorneys asked El Centro for a copy of her medical records. El Centro provided Thornburg’s attorneys with the medical records, but charged them $2 a page.

In general under Evidence Code section 1158 a medical care provider, such as El Centro, may charge a patient no more than 10 cents a page for copies of medical records. Thornburg brought a class action lawsuit against El Centro in which she alleged the hospital systematically violated section 1158. El Centro filed a motion for a judgment on the pleadings. The hospital argued that the cost limitation provisions of section 1158 are not enforceable by way of a private civil action. The trial court granted the hospital’s motion without leave to amend.

On appeal we reverse. By its terms section 1158 plainly contemplates private enforcement by patients. Nothing in its legislative history or in the cases which have interpreted it suggest any narrower enforcement mechanism.

PROCEDURAL HISTORY

As against El Centro, Thornburg’s complaint alleged the hospital violated…