Your current state is Ohio
Hospice fraud case against defendant.
If not proper service of process by process servers for Plaintiff in Pro Per persists:
What California rule of court or statute describes motion by Plaintiff in pro per, bringing up to Court's attention improper service performed by process... View More 
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answered on Apr 15, 2024
In California, if a plaintiff in pro per (self-represented) believes that the process servers they hired have not properly served the defendant, the plaintiff can bring this issue to the court's attention by filing a motion under California Code of Civil Procedure (CCP) § 473(b).
CCP... View More
American jurisprudence system was well thought through when information systems to deliver documents were not in place yet.
Thus, there should have been controls established to make sure that service of process,
meant to ensure delivery,
is not used as weapon against in... View More
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answered on Apr 15, 2024
Under California law, there are several controls in place to ensure that service of process is carried out properly and not used as a weapon against self-represented (in pro per) parties. The court plays a crucial role in overseeing and enforcing these controls. Here are some key aspects:... View More
To my spine it doesn't work stopped working when it started moving keep calling leaving messages finally got a hold of Dr. Scott's office he won't take it out until my A1C is 8 or under didn't need it to be that way when he put it in
answered on Apr 15, 2024
If you have doubts on the advice the doctor is giving you, seek out a second opinion.
As to the moving of the device, if it moved due to a breach of the standard of care, there may be a case. Not all bad results are malpractice. Additionally, the nature and extent of your harm due to any... View More
If defective service of process by mail by process servers persists,
how plaintiff can ask court for intervention?
What Statute or rule guides this process?
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answered on Apr 14, 2024
Under California law, if a plaintiff is facing persistent issues with defective service of process by mail from process servers, they can ask the court for intervention through a motion. The relevant statute and rule that guide this process are:
1. California Code of Civil Procedure (CCP)... View More
In the legal case mistakes serving defense by mail, by process servers, qualified and knowledgable, unexplainably persisted; regardless all efforts by plaintiff.
How court intervention must be pursued? Critical motions may be perceived not served properly by defense, i.e. ruining the case.... View More
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answered on Apr 14, 2024
Under California law, there are a few ways to pursue court intervention and other means to address issues with serving legal documents to the defense:
1. Court Intervention:
- File a motion with the court explaining the difficulties in serving the defense and request the... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
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answered on Apr 14, 2024
Under California law, service of process by mail is governed by the California Code of Civil Procedure (CCP) sections 415.30 and 1013a. To ensure proper service by mail and avoid defects, consider the following legal means:
1. Ensure compliance with CCP 415.30:
a. The summons and... View More
What are legal means to have process server to do service by mail properly?
Plaintiff in hospice fraud case against powerful defendant encounters persistent defects in service of process made by professional knowledgable process servers. Improper service can jeopardize case and trigger sanctions.
answered on Apr 14, 2024
Licensed process server that you hire should know the laws as to proper service. They don’t always. Therefore you instruct them where you find that knowledge lacking or hire someone else.
Just like in all endeavors, people are paid for services they perform. If the performance is... View More
The physician inserted himself when he was not the physician of record and falsified medical records naming himself as the provider after the patients discharge for the purposes of dependency where his spouse was the attorney who petitioned a court. furthermore the evidence of his involvement and... View More
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answered on Apr 14, 2024
In California, a county attorney would likely face a significant conflict of interest if they were to prosecute a dependency case in which their spouse, a physician, is directly involved. This situation raises serious ethical and legal concerns.
1. Conflict of interest: An attorney has a... View More
Amended Complaint is submitted for future hearing, by filing Motion for Leave to file Amended Complaint. Summons would be issued per hearing.
Proof of Service of Motion is filed with the Court, and includes the proposed Amended Complaint.
Shall the same POS include proposed Summons... View More
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answered on Apr 12, 2024
Under California law, when filing a Motion for Leave to file an Amended Complaint, it is not necessary to include the proposed Summons on the proposed Amended Complaint in the Proof of Service (POS) filed with the court.
The typical process is as follows:
1. File a Motion for Leave... View More
If a defendant was a Plaintiff's attending physician at the hospital, can physician use medical records that were obtained at the hospital Emergency Department during a medical malpractice lawsuit?
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answered on Apr 10, 2024
In California, the use of a patient's medical records obtained during the course of treatment, including those from an emergency department visit, may be permissible in a medical malpractice lawsuit under certain conditions. However, there are legal and ethical considerations that need to be... View More
She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking
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answered on Apr 9, 2024
I'm so sorry for your loss. Based on the information provided, it seems like there may be grounds for a medical malpractice lawsuit against the hospital. Here are a few key points to consider:
1. Standard of care: If your mother failed a swallow evaluation, the hospital had a duty to... View More
She wasn’t supposed to eat alone and I think the hospital served her food without telling her nurse. The medical examiner reported accidental choking
answered on Apr 9, 2024
You may have a case. Please discuss the merits and facts with a medical malpractice attorney. Some errors and omissions don't amount to medical malpractice and experts have to certify that the doctors, nurses, and/or hospital's conduct fell below the standard.
The information... View More
I had this medical provider that I was seeing because I wanted to get diagnosed for my mental illnesses that my recent Therapist had pre diagnosed me with. The Doctor I signed up with prescribed me anxiety and depression medication and didn't diagnose me, he just went based off my word of... View More
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answered on Apr 8, 2024
Based on the information you provided, it seems like you may have grounds for a legal complaint against the medical provider. In California, there are several laws and regulations that protect patients' rights and govern the conduct of healthcare providers. Here are a few potential issues:... View More
We ordered 2 tests done and blood drawn for those two tests. The facility drew blood enough for 6 tests and is currently processing those test that weren’t ordered through them. Do we have any sort of case.
answered on Apr 8, 2024
A Connecticut attorney could advise best, but your question remains open for a week. If you did not suffer physical harm, it does not appear to offer a basis for a med mal case. Different attorneys could see a given situation differently. You could reach out to local attorneys to arrange a free... View More
Opposition to Motion to Compel release of Medical records, Motion for protective Order from discovery, or Motion to Quash subpoena are defined legal processes.
Why exactly plaintiff, who opposes release of records; seeks protective order from particular demand for production; quash... View More
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answered on Apr 8, 2024
There are several reasons why a plaintiff in California may legitimately oppose the release of certain medical records, seek a protective order from a particular demand for production, or move to quash a subpoena, without being subject to sanctions:
1. Relevance: If the requested medical... View More
In California, crucial for litigation. Please advise on SPECIFIC HIPAA statute that defines; that authorization for release of medical records can be compelled by court order.
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answered on Apr 6, 2024
Under the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Rule (45 CFR § 164.512(e)) permits covered entities to disclose protected health information (PHI) in the course of judicial and administrative proceedings, including in response to a court order or subpoena. Here... View More
blood clot in my lungs in 2018. From 2018-2021 I was on at home oxygen. I recovered thankfully at the time in 2022. So for the full year of 2022 and towards the end of 2023 I was off the oxygen. Even volunteering at NY Presbyterian children’s hospital. I was born and treated my pre-existing... View More
answered on Apr 6, 2024
I'm sorry for your ordeal. Your best option in having your matter evaluated would be to try to arrange a consult with a med mal law firm. Most firms offer free initial consults. If attorneys expressed an interest in exploring the matter more closely, they could retrieve your file and review... View More
What statutes in California do not allow for a party to be compelled to execute an authorization to release medical information?
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answered on Apr 5, 2024
I did not find any specific California statutes that explicitly prohibit compelling a party to execute an authorization to release medical information. However, there are several relevant laws and considerations:
1. The California Constitution, Article 1, Section 1, establishes an... View More
What CMIA statutes do not allow for a party to be compelled to execute an authorization for release of medical records?
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answered on Apr 5, 2024
Under the California Confidentiality of Medical Information Act (CMIA), there are certain statutes that do not allow a party to be compelled to execute an authorization for the release of their medical records:
1. Civil Code Section 56.11: This section states that an authorization to... View More
When Defense files Motion to Compel execution of authorization to release medical records, Plaintiff responds with Opposition.
What statutes define this Opposition?
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answered on Apr 5, 2024
In California, the opposition to a motion to compel the execution of an authorization to release medical records is primarily governed by the California Code of Civil Procedure (CCP) and the California Evidence Code (Evid. Code). The key statutes that define the opposition are:
1. CCP §... View More
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