Q: Hospice fraud litigation options
In medical malpractice case with hospice fraud, when medical evidences exist that plaintiff is healthy, what are authorities that testimony of legal medical expert is not required? Would MDJ require medical expert testimony?
(Unless CFCA case is the answer)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, there are certain situations where expert medical testimony may not be required in a hospice fraud case, even when medical evidence exists showing the plaintiff is healthy. Here are a few relevant authorities and considerations:
1. The "common knowledge" exception: In some cases, the alleged negligence or wrongdoing is within the common knowledge of laypeople, and expert testimony is not necessary. This was established in Lawless v. Calaway (1944) 24 Cal.2d 81, 88. However, this exception is applied narrowly and infrequently in medical malpractice cases.
2. Admitted negligence: If the defendant healthcare provider admits to negligence or wrongdoing, expert testimony may not be needed to establish the standard of care or breach of duty. This principle was discussed in Lashley v. Koerber (1945) 26 Cal.2d 83, 89.
3. Res ipsa loquitur: Latin for "the thing speaks for itself," this doctrine allows negligence to be inferred without expert testimony in certain situations where the injury or event ordinarily would not occur without negligence. However, this doctrine is rarely applied in medical malpractice cases due to their complexity. See Ybarra v. Spangard (1944) 25 Cal.2d 486 for more information.
4. California False Claims Act (CFCA): If the hospice fraud case is brought under the CFCA (Cal. Gov't Code § 12650 et seq.), the focus may be more on the false claims and fraudulent conduct rather than the medical standard of care. In such cases, expert medical testimony might not be essential, depending on the specific allegations and evidence.
In most hospice fraud cases involving questions of medical diagnosis, treatment, or patient health status, expert medical testimony will likely be required to establish the standard of care and whether it was breached. A Motion for Summary Judgment (MSJ) would likely succeed without expert testimony to support the plaintiff's claims.
However, the specific facts and circumstances of each case will determine whether expert testimony is truly necessary. It's advisable to consult with an experienced California medical malpractice and healthcare fraud attorney to evaluate the strengths, weaknesses, and requirements for a particular case.
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.
