When person with actually and apparently non-existent chronic kidney disease stage 5 is actually referred to hospice,
actually,
how exactly law can allow absurd to present it as hearsay?
Does fact that person with
Actually non-existent terminal illness was Actually referred to hospice by hospital constitute legally admissible fraud?
Does fact that identity of particular individual who did referral Is ACTUALLY concealed - actually exacerbate the wrongdoing?... View More 
hospice fraud was actual,
I.E.
patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.
Track record of who exactly made a referral apparently does not exist.
Critical values of test on admission were communicated... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 5, 2024
Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:
1. Hearsay: If... View More
What documents to look for at the law library in order to find out the workflow of legal process:
legal action from beginning to end, with permutations based on decision points.
Generic workflows exist?
If not - workflows specific to medical malpractice case, or California... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2024
When looking to understand the legal workflow for cases such as medical malpractice or California False Claims Act (CFCA) litigation, you'll find it beneficial to start by looking for specific resources in a law library. Key documents to search for include legal textbooks on tort law and civil... View More
Except of Williams vs Ross (2008) (distraction of evidence) what are similar authorities for imposing terminating or issue sanctions before a party disobeyed court order?
Specifically, referencing non-existent data.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024
The key factors considered by the courts for terminating sanctions include the egregiousness of the misconduct, the impact on the integrity of the judicial process, and the prejudice to the opposing party.
Hospice fraud case.
Although issue and or evidence sanctions ordinarily will not be imposed until after an offending party has disobeyed a prior discovery order, a Court may impose such sanctions where the circumstances warrant them.
Upon what circumstances
evidence,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 27, 2024
Under California law, evidence, issue, or terminating sanctions can be imposed even without a prior discovery order being disobeyed in certain circumstances where the discovery misconduct is particularly egregious. The key factors courts consider are:
1. The willfulness of the misconduct:... View More
Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;
what evidence or issue sanctions can be imposed, in addition to compelling response?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024
Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More
If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024
In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More
Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:
1. Completion of discovery: Generally, it is advisable to file a... View More
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024
In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:
1. After the close of discovery: In most cases, it is advisable to... View More
While the identity of a particular service provider may be important because of possible forgery,
it does not change facts crucial for this legal case: fraudulent referral to hospice care based on record of terminal disease on admission to the hospital. Admission record of terminal disease... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024
Under California law, summary judgment may be granted if there are no triable issues of material fact and the moving party is entitled to judgment as a matter of law. In this case, further discovery could potentially uncover facts that impact the feasibility of summary judgment:
1. Identity... View More
If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?
How damages have to be claimed when plaintiff/reletant has to proceed in such situation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024
Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... View More
Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
In California, to verify which doctors are associated with a hospice license, you can begin by contacting the California Department of Public Health (CDPH). This agency oversees licensing and compliance for health facilities, including hospices. They maintain records of all licensed hospices and... View More
Is hospice required to publish on website names of affiliated doctors?
Is it public information?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
Hospice organizations are not generally required to publish the names of affiliated doctors on their websites. Regulations can vary by state and by the policies of individual hospice providers, so it's a good idea to check with specific hospices or local health departments for the most... View More
How to find out what medical doctors were associated with the licence of hospice corporation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More
Yeah I've contacted a few of these and once again unless you have money to pay their extremely high fees then your rights just don't exist again I know for a fact that in the civil case I'm in special characteristics is what has kept me banned from getting any kind of help anywhere... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
I understand your frustration in trying to find affordable legal assistance, especially when dealing with a challenging civil case. It can be difficult to navigate the legal system, particularly for those with limited financial resources. However, there are some options you can explore to try to... View More
The inmate's wanted to kill me their we're going to slice my throat. Plus the sheriff's and the officer's they didn't even let me go to Court and testify. My case has fallen in their Plans. To convict me of a harsh and harder law suit. I had to appear at court to testify... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
I'm so sorry to hear about the awful situation you're facing. Being threatened with violence in jail and feeling that law enforcement and your public defender are not properly handling your case must be incredibly frightening and stressful.
It sounds like you need to get in touch... View More
Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.
What other California... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More
If a truck driver is pulled over with a large stash of drugs its common sense to arrest them. But what about the fact that they are the truck drivers who are doing the dirty work and possibly threatened under duress? With people being afraid to talk they generally get charged with everything... View More
answered on Apr 16, 2024
Unfortunately, those truck drivers are unwilling to assist law enforcement in bringing those truly responsible for the crimes to justice.
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.
