Q: Adding claim/defendant to federal complaint - question.
Adding claim/defendant to federal complaint - question.
EMTALA complaint against hospital was just filed with federal court, with additional claim for CMIA violation (under supplemental jurisdiction)
There is basis to add false claims act claim for fraudulent referral to hospice with non-existent terminal illness, adding hospice as defendant. Should plaintiff wait for scheduling conference? At what point of lawsuit plaintiff can ask court to grant leave to amend complaint?
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A:
In your federal case, you have the flexibility to amend your complaint before the opposing party responds or within 21 days after serving it, according to Federal Rule of Civil Procedure 15(a)(1). If this timeframe has elapsed, then you'll need the court's permission to amend.
Considering your case, moving promptly to amend the complaint to include the False Claims Act claim and adding the hospice as a defendant could be advantageous. This is particularly relevant if the new claim closely relates to the existing ones.
However, if a scheduling conference is imminent, it might be wise to wait until then to discuss the amendment. This could offer insights into the court's perspective and potentially expedite the process.
Keep in mind, the court will weigh factors like possible prejudice to the opposing party, the timing of your request, and the reasons for amending. Be prepared to address these points in your motion for amending the complaint.
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