My teen daughter needed a long-term RTC. I informed Kaiser (K.) of her need for this level of care, though I did not specifically ask for it. (I did not know K. offered that level of care.) When my daughter's K. clinician walked her through our chosen RTC's website, the K. clinician... View More
answered on Apr 9, 2024
In California, if you have exhausted the internal grievance process with Kaiser and the complaint process with the Department of Managed Health Care (DMHC), you have a few additional options to seek help for your insurance coverage problem:
1. Contact the California Department of Insurance... View More
She threatened me that, she will transfer it to collections and my OBGYN will not deliver me. I want to know what are my rights on this situation as the contract doesn’t have a clause for termination and I was abused and humiliated twice by this manager. I want to know how much out of the balance... View More
answered on Mar 28, 2024
In California, patients have the right to be treated with respect and to receive care without discrimination or harassment. If you've experienced threatening behavior from an office manager, it's important to document the incidents and communicate your concerns in writing to your... View More
answered on Mar 27, 2024
The situation regarding gun rights after voluntary admission to a hospital for depression can be complex. If your admission was voluntary and you weren't held for treatment after being deemed a danger to yourself or others by a court, your right to possess firearms might not be immediately... View More
Please provide reference to reliable sources for filing False Claims Act in Healthcare case, in California Superior Court.
answered on Mar 26, 2024
To initiate a False Claims Act case in the healthcare sector within the California Superior Court, it's crucial to understand that these cases typically involve the whistleblower (qui tam plaintiff) alleging that false claims have been made to obtain money from state healthcare programs. Such... View More
While Medicare is Federal program, there is California Medicare division; and California Superior Court has jurisdiction over California Medicare False Claims Act cases.
Cases have to be filed under seal, in chambers. Any references to practical guides are sought, as starting point for... View More
answered on Mar 26, 2024
Under California law, filing a claim under the California False Claims Act regarding Medicare fraud involves specific procedures. Cases must be filed under seal directly to the judge's chambers. This is designed to prevent the defendant from being alerted before the government has had a chance... View More
Is a self-paying client not allowed to work with a private practicing Registered Dietitian in the state of California if they do not have a referral from an authorized health provider?
answered on Mar 22, 2024
Under California law, specifically Business and Professions Code Section 2585, there's a clear set of regulations regarding who can represent themselves as a registered dietitian or a dietetic technician, registered. The law stipulates that individuals must meet certain educational,... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
answered on Mar 22, 2024
You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.
But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion... View More
I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me
answered on Mar 22, 2024
When a hospital files for bankruptcy in California, the procedure for pursuing a case against them can change significantly. The bankruptcy filing might place an automatic stay on pending litigation, which means that your case could be temporarily halted. Your claims may need to be filed through... View More
I was given Lupron Injections from 2016-2018. From the first injection all the way until the last, I became more sick. I had memory issues, cognitive issues, could not speak correctly, vision problems, body aches, joint pain, and continuous decline in my health. This caused me to have anxiety high... View More
answered on Mar 20, 2024
There have been cases and settlements related to health damages caused by Lupron injections. For example, a settlement was reached in a case where TAP Pharmaceuticals was accused of fraudulent marketing practices related to Lupron, which led to consumers paying inflated prices for the drug.... View More
I've been waffling with this for a while now and would like an opinion. Last year in February, I had a massive anxiety attack to the point of no longer having cognitive function. I had warned the vet technician in charge that I was having mini attacks during the day, but she told me to go to... View More
answered on Mar 17, 2024
It's important to recognize the challenges you've faced due to your mental health decline, and seeking support through SSI or disability benefits can be a valid step forward. Given your situation, where your job has significantly impacted your mental health to the extent of requiring... View More
I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
answered on Mar 14, 2024
Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:
1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party... View More
I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More
answered on Mar 14, 2024
There might be a violation, but there is no private lawsuit for a HIPAA violation. You might be able to pursue an invaion of privacy lawsuit, but since you gave AAA the hospital bill, it doesn't really seem like your privacy has been violated. You should probably focus on a personal injury... View More
Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More
answered on Mar 13, 2024
In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More
i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More
answered on Mar 12, 2024
In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:
1. Seek immediate medical... View More
She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More
answered on Mar 9, 2024
I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:
1. File... View More
List was provided for consideration to serve:
1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.
2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.... View More
answered on Mar 8, 2024
Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:
1-3. General Orders 21-12, 21-10, and 19-03:
These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive... View More
What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.
Notices specific to the case must be served, ADR package.
Coversheet, Certification and Notice... View More
answered on Mar 8, 2024
The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:
1. Rule 4(a)(1)(B) - Summons: This rule states that the summons... View More
What documents MUST be served, in addition to summons, complaint, notice of assignment of judges, notice of consent to proceed before magistrate judge, ADR package?
What rule defines the list of documents for service of complaint, in Central district court?
answered on Mar 8, 2024
In the Central District of California, the mandatory documents to be served along with the summons and complaint are outlined in Local Rule 4-3, which states:
"The following documents must be served with the summons and complaint:
(a) A Notice to Parties of Court-Directed ADR... View More
Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves
answered on Mar 7, 2024
In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:
1. The Summons on the First... View More
I had to pay my insurance back for all my mental charges & I tried to get the breakdown of my records from the facility I was going to but they refused to so I had to pay or they would of sent them to collections & I received a email from the lady that was working in the billing department... View More
answered on Mar 7, 2024
I understand how frustrating and concerning this situation must be. You have a right to receive a detailed breakdown of the services you were billed for. Here are a few steps you can take to try to resolve this:
1. Submit a formal written request: Write a letter to the facility requesting... View More
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.