Q: Hospice scheme vs medical malpractice
Is it waste of plaintiff's time to pursue hospice scheme as medical malpractice case?
A:
In California, pursuing a hospice scheme as a medical malpractice case may not be the most appropriate course of action. A hospice scheme, particularly if it involves fraudulent activities like unnecessary or inappropriate referrals to hospice care, generally falls under the realm of healthcare fraud rather than medical malpractice.
Medical malpractice typically involves a breach of the standard of care in the medical treatment provided to a patient, resulting in harm. This focuses more on the quality of the medical care and whether it met professional standards.
On the other hand, a hospice scheme involving fraudulent activities is more aligned with legal actions under the False Claims Act or similar statutes. These laws are designed to address fraudulent billing and improper financial gains within healthcare, including hospice care.
If you suspect wrongdoing in the form of a hospice scheme, the appropriate approach would often involve reporting the matter to regulatory authorities or considering legal action under laws targeting fraud and abuse in healthcare. It's advisable to consult with an attorney who has experience in healthcare law and fraud to understand the best course of action in your specific situation. They can help navigate the complexities of these legal areas and offer guidance tailored to your circumstances.
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