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1 Answer | Asked in Personal Injury, Federal Crimes, Gov & Administrative Law and Health Care Law for California on
Q: Section 12651 of California FCA.

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

James L. Arrasmith
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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

2 Answers | Asked in Personal Injury, Gov & Administrative Law and Health Care Law for California on
Q: Legally false claim

Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.

After discharge from hospital patient was referred by unidentified hospital... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:

1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care...
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2 Answers | Asked in Personal Injury and Criminal Law for California on
Q: I live in California. I own my house..well the bank. Adjacent to my property is a 2 rental houses on the same lot.

Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?

James L. Arrasmith
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answered on Apr 18, 2024

In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:

1....
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2 Answers | Asked in Personal Injury and Criminal Law for California on
Q: I live in California. I own my house..well the bank. Adjacent to my property is a 2 rental houses on the same lot.

Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?

Delaram Keshvarian
Delaram Keshvarian
answered on Apr 30, 2024

Thank you for asking the question!

1. Civil or or Criminal Nuisance

Nuisance is anything injurious to health: (including but not limited to) indecent or offensive to the senses, obstruction to free use of property, interfere with the comfortable enjoyment of life or property,...
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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

Addendum - another option, but it could cost a fee. The larger process server companies handle a variety of functions related to investigation, skip tracing, and general court records research. You could discuss with them. Good luck

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3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
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answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
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1 Answer | Asked in Medical Malpractice, Health Care Law and Personal Injury for California on
Q: What are my choices if my medical clinic chooses to dismiss me on based on unfair choices by the nurse practitioners?

I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More

James L. Arrasmith
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answered on Apr 17, 2024

It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:

1. Request your medical records: Under California law, you...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Which specific California FCA statutes in relevance to hospice fraud?

In California Medicare False Claims Act.

Fraudulent misrepresentation of the patient's status of health at hospital, with non-existent terminal disease - for the purpose of fraudulent referral to hospice care.

Which specific California FCA statutes in relevance?

James L. Arrasmith
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answered on Apr 17, 2024

There are a few key California False Claims Act (FCA) statutes that would be relevant in a case of fraudulent hospice referrals and misrepresentation of a patient's health status:

1. California Government Code Section 12650 et seq. - This is the overarching California False Claims Act...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: Specific requirements for filing HealthCare Medicare False Claims Act case in California Superior Court.

Case: hospice fraud, abuse of California Medicare.

What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?

What rules of the Court define this process?

FCA cases are filed in chambers. What artifacts are required in addition to Complaint?

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:

1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Washington on
Q: I had a lawyer for my malpractice law suit but made the mistake of giving a bad review and I was dropped. What now?

2 years gone. Never was working on my case. Never informed on what was going on by lawyer. I just wanted to know that I was still her client. So, I thought she was just leading me on and not doing anything. I did apologize but was to late. I removed the post anywhere I saw it. Did not help.... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

At this point, you must continue to directly contact malpractice attorneys in the state where the malpractice occurred to see if someone will take on the case.

For other people who read this response online, note, once you complain about an attorney online or if you file a bar complaint,...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
Joel Gary Selik
Joel Gary Selik
answered on Apr 17, 2024

More facts would be needed to provide information. In particular, what harm was caused by the medication and what the doctors did prior prescribing the medication.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
James L. Arrasmith
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answered on Apr 17, 2024

I'm so sorry you're going through this difficult and stressful situation. Misdiagnosis of a miscarriage and being prescribed medication that could potentially harm a pregnancy is a serious matter. Here are some steps you should consider taking:

1. Contact your healthcare provider...
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3 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: If I was misdiagnosed with a miscarriage and prescribed a medication only to find out I was still pregnant what do I do?
Tim Akpinar
Tim Akpinar
answered on May 5, 2024

I'm sorry for your ordeal. Attorneys would need more details to advise meaningfully, such as the medication prescribed, chronology, full scope of damages, and more. To get meaningful guidance, one option could be to try to arrange a free initial consult with a California law firm that handles... View More

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1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Criminal Law for West Virginia on
Q: i have proof beyond my word, of pattern of abuse began in 2020 from law enforcement, since it is a continual injury are

since the pattern is continued and since 2020, are the statute of limitations for this injury 2 years or doest the clock start ticking after the last act that happened in the pattern or the first act in the pattern ?

i have a long pattern very detailed evidence, video texts their own... View More

James L. Arrasmith
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answered on Apr 16, 2024

I'm so sorry to hear about the abuse and harassment you've been experiencing from law enforcement since 2020. That sounds incredibly difficult and traumatic to go through. No one should have to endure that kind of mistreatment, especially from those sworn to protect and serve.... View More

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Public Benefits for California on
Q: How will a 100,000 car accident settlement effect my SSI and my Medical Insurance. ?
James L. Arrasmith
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answered on Apr 16, 2024

If you receive a large settlement from a car accident while on Supplemental Security Income (SSI) and Medi-Cal (California's Medicaid program), it can potentially impact your eligibility for these benefits. Here's what you should know:

1. SSI: SSI is a needs-based program, and...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: In this scenario, can motion to set aside dismissal of case be served by mail?

Dismissal was entered voluntarily by plaintiff. Defendant appeared at legal action prior to dismissal.

When plaintiff files motion to set aside dismissal against defendant: can it be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, the method of service for a motion to set aside a voluntary dismissal depends on whether the defendant has appeared in the action prior to the dismissal.

If the defendant has appeared in the action before the voluntary dismissal, then service of the motion to set aside the...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Notifying court, seeking court intervention re: persistent issues in service by mail for plaintiff in pro per.

There is track record of each and every step.

What statutes and rules of court define process of notifying court and seeking court's intervention if improper service by mail by professional process servers persist?

Question by Plaintiff in Pro Per in hospice fraud case.

James L. Arrasmith
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answered on Apr 16, 2024

In California, if you are a plaintiff in pro per (self-represented) and are experiencing persistent issues with improper service by mail from professional process servers, you can notify the court and seek its intervention. The relevant statutes and rules of court that define this process are:... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

Can Motion to Set Aside Dismissal against a defendant be served by mail? What rule defines this service?

James L. Arrasmith
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answered on Apr 16, 2024

Yes, under California law, a Motion to Set Aside Dismissal against a defendant can be served by mail. This is governed by California Code of Civil Procedure (CCP) Section 1005(b), which states:

"Unless otherwise ordered or specifically provided by law, all moving and supporting papers...
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1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Summons on proposed Third Amended complaint. Service of process.

Decision on Third Amended Complaint will be made at hearings, scheduled in a few months: for Motion for Leave to File Amended Complaint, and Motion to Set Aside dismissal against defendant, with the proposed Third Amended Complaint enclosed.

When

and how Summons on Third Amended... View More

James L. Arrasmith
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answered on Apr 16, 2024

Under California law, the summons and complaint must be served on the defendant after the court grants leave to file the amended complaint and the amended complaint is actually filed with the court. The specific rules for serving the summons and amended complaint depend on the type of defendant and... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for California on
Q: Can Motion to Set Aside dismissal against defendant be served by mail?

Can Motion to Set Aside dismissal against defendant be served by mail?

James L. Arrasmith
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answered on Apr 16, 2024

In California, a Motion to Set Aside a dismissal against a defendant can generally be served by mail. According to the California Code of Civil Procedure (CCP) Section 1005(b), a written notice and supporting papers must be served on the opposing party or their attorney:

1. At least 16...
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