What is chance in percentages, pros and cons of asking court for sanctions on defendant: issue and terminating?
Hospice fraud case, referral by hospital. Defendant hospital did not provide record of who exactly did referral. Fraud was based on fake or erroneous test results, communicated by... View More 
A few days before. Now she is stuck in a nursing home that we did not want. They refused to change her bandages for days and won’t give her any pain meds. She is confused now and weak, they are trying to get her to sign more papers. What can I do?
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answered on May 3, 2024
I'm so sorry to hear about your mother's situation. That sounds incredibly stressful and concerning. Here are a few steps you can take:
1. Contact the nursing home administration immediately and express your concerns about your mother's care, especially the lack of bandage... 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
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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.
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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.
Is that legal, now everybody i see potentially as access can view that information. Should have some sense of privacy when it comes to that part of my life.
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answered on Apr 27, 2024
Under HIPAA (Health Insurance Portability and Accountability Act), your medical information is considered protected health information (PHI). Healthcare providers are required to keep your PHI confidential and can only share it with others under specific circumstances, such as for treatment... View More
I have not had any further problems with the law, how can I refute this charge going forward for future employment.
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answered on Apr 26, 2024
In California, a DUI conviction will typically remain on your criminal record indefinitely, including your live scan background check results, unless you take specific legal action to have it removed or sealed. However, after 10 years, you may be eligible for certain relief under California law.... View More
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
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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
Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?
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answered on Apr 25, 2024
Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:
1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to... View More
Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between
CCP § 2030.250 (a) vs CCP § 2030.250 (c).
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answered on Apr 23, 2024
Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.
CCP § 2030.250 (a) states:
"(a) The party to whom the interrogatories are directed shall... 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
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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
When specifics regarding hospice fraud Is in defendant's possession
(referral by a hospital service provider to hospice care, whose identity is not disclosed by defendant)
should plaintiff file for summary judgement?
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answered on Apr 23, 2024
In the scenario you've described, it would generally not be advisable for the plaintiff to file for summary judgment if the defendant possesses specific evidence related to the alleged hospice fraud that has not been disclosed to the plaintiff.
Here's why:
1. Lack of... 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?
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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
Plaintiff in hospice fraud case apparently will not have capacity to discover who exactly at hospital referred plaintiff to hospice. Does it mean attending physician and hospital are not liable?
Situation.
Terminal diagnosis was recorded on admission to hospital by attending... View More
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answered on Apr 23, 2024
Under California law, both the attending physician and the hospital may potentially be held liable in a hospice fraud case, even if the plaintiff cannot identify the specific individual who made the referral to hospice. Here are a few key points to consider:
1. Vicarious liability:... 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
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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
When hospice is corporation CEO has to be served. The question is: when corporation hospice is owned by 2 corporations, what corporation(s) shall be served with complaint?
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answered on Apr 21, 2024
Under California law, when a hospice corporation is owned by two corporations and a complaint needs to be served, the complaint should generally be served to the registered agent for service of process of the hospice corporation itself, rather than the parent corporations.
However, if the... View More
What are legal implications for hospice, that lied under subpoena about identity of medical director, among other fake info?
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answered on Apr 21, 2024
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).... View More
When hospice is sued for fraud. Hospice in corporation INC. CEO is listed, but also incorporated owners of the hospice. On whom complaint has to be served?
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answered on Apr 21, 2024
Under California law, when a corporation is sued, the complaint must be served on the corporation itself, rather than on individual officers, directors, or shareholders. This is typically done by serving the complaint on the corporation's registered agent for service of process, which is... View More
Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.
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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?
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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 obtain information about doctors associated with hospice license, if CMS certification number is known?
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answered on Apr 20, 2024
To find out information about doctors associated with a hospice that has a CMS certification number in California, you can start by visiting the Centers for Medicare & Medicaid Services (CMS) website. This site provides access to various data, including details about certified hospice care... View More
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