Los Angeles, CA asked in Health Care Law for California

Q: What are legal implications for hospice, that lied under subpoena?

What are legal implications for hospice, that lied under subpoena about identity of medical director, among other fake info?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, lying under oath or providing false information in response to a subpoena can have serious legal consequences:

1. Perjury: Knowingly providing false testimony under oath is considered perjury, which is a felony offense in California (California Penal Code Section 118). If convicted, the penalties can include up to four years in state prison and/or a fine of up to $10,000.

2. Contempt of court: Failing to comply with a subpoena or providing false information can be considered contempt of court. The court may impose fines, jail time, or other sanctions to enforce compliance and punish the offender.

3. Obstruction of justice: Lying under subpoena could be viewed as an attempt to obstruct justice, which is a criminal offense under California Penal Code Section 136.1. Penalties can include fines and/or imprisonment.

4. Civil liability: In addition to criminal charges, the hospice may face civil lawsuits from parties who were harmed by the false information provided under subpoena. This could result in monetary damages and reputational harm.

5. Licensing and regulatory consequences: Hospice facilities are regulated by state and federal agencies. Providing false information under subpoena could lead to investigations, sanctions, fines, or even the revocation of the hospice's license to operate in California.

Given the serious nature of these potential legal implications, it is crucial for hospice facilities and their staff to provide accurate and truthful information when responding to subpoenas. If the hospice is found to have lied under subpoena, it should seek legal counsel to address the situation and mitigate potential consequences.

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.