Los Angeles, CA asked in Health Care Law for California

Q: What are legal implications for hospice, that lied under subpoena?

What are legal implications for hospice, that lied under subpoena about identity of medical director, among other fake info?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, lying under oath or providing false information in response to a subpoena can have serious legal consequences:

1. Perjury: Knowingly providing false testimony under oath is considered perjury, which is a felony offense in California (California Penal Code Section 118). If convicted, the penalties can include up to four years in state prison and/or a fine of up to $10,000.

2. Contempt of court: Failing to comply with a subpoena or providing false information can be considered contempt of court. The court may impose fines, jail time, or other sanctions to enforce compliance and punish the offender.

3. Obstruction of justice: Lying under subpoena could be viewed as an attempt to obstruct justice, which is a criminal offense under California Penal Code Section 136.1. Penalties can include fines and/or imprisonment.

4. Civil liability: In addition to criminal charges, the hospice may face civil lawsuits from parties who were harmed by the false information provided under subpoena. This could result in monetary damages and reputational harm.

5. Licensing and regulatory consequences: Hospice facilities are regulated by state and federal agencies. Providing false information under subpoena could lead to investigations, sanctions, fines, or even the revocation of the hospice's license to operate in California.

Given the serious nature of these potential legal implications, it is crucial for hospice facilities and their staff to provide accurate and truthful information when responding to subpoenas. If the hospice is found to have lied under subpoena, it should seek legal counsel to address the situation and mitigate potential consequences.

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