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In a medical malpractice case, expert testimony is required on the issue of whether the defendant performed according to the prevailing standard of care, except in those cases where the defendant’s negligence is obvious to a layperson. (Authority - Flowers v. Torrance Memorial Hospital Medical... View More 
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answered on May 16, 2024
In California, expert testimony is generally required in medical malpractice cases to establish whether a defendant adhered to the prevailing standard of care. However, this requirement can be waived when the defendant's negligence is so apparent that a layperson can recognize it without the... View More
For reading and response. Casuistic not requested.
A doctor de facto denies to patient discharge from hospital covered by insurance.
Patient gets referred to a facility that has to pay for.
Referral to hospice is made by undisclosed hospital provider, based on hospital... View More
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answered on May 16, 2024
There are several potential liability theories and statutes that could be relevant in this situation in California:
1. Medical malpractice: If the doctor's decision to deny discharge and refer the patient to a facility that requires payment was not medically justified or fell below the... View More
CFCA case or FCA case was not filed by plaintiff yet. Hospice fraud was not reported to medicare, to OIG.
Medical malpractice case was filed.
What could be implications - rephrasing current causes of action 'for improper referrals' and 'claim for punitive... View More
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answered on May 16, 2024
There are a few important considerations when it comes to the implications of a medical malpractice case involving hospice fraud for a potential California False Claims Act (CFCA) case:
1. Rephrasing "improper referrals" allegation: In the context of a CFCA case, improper... View More
What torts law defines healthcare fraud?
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answered on May 16, 2024
In California, healthcare fraud is primarily addressed under the state's False Claims Act and the Insurance Frauds Prevention Act.
The California False Claims Act (CFCA) is a civil law that allows the state government and private citizens to file lawsuits against individuals or... View More
What are possible legal theories behind misrepresentation of patient's health, hospice fraud;
Other than direct and ostensible liability?
Professional liability based on duties is legal theory?
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answered on May 16, 2024
There are a few potential legal theories beyond direct and ostensible liability that could apply in cases of misrepresentation of a patient's health and hospice fraud:
1. Professional negligence/malpractice: Healthcare providers have a professional duty to provide competent care and... View More
What torts laws define misrepresented terminal illness ?
hospice fraud?
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answered on May 16, 2024
In California, healthcare fraud is primarily addressed under the state's False Claims Act and the Insurance Frauds Prevention Act.
The California False Claims Act (CFCA) is a civil law that allows the state government and private citizens to file lawsuits against individuals or... View More
1. Doctor who recorded terminal disease on admission to hospital was, and had to be aware there was no terminal illness, since did self-referral to hospital.
2. Analysis test results on admission to hospital (basis for record of terminal chronic disease) was communicated by non-existent... View More
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answered on May 15, 2024
Based on the information provided, it appears you are asking about the appropriate type of judicial notice that a court could take in a situation where there is evidence of potential hospice fraud and false diagnosis of a terminal illness.
In California, there are two types of judicial... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
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answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
How to ask for court order to validate authenticity of SSN?
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answered on May 14, 2024
To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:
1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
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answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.
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answered on May 13, 2024
Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More
I need to know if this real or not
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answered on May 8, 2024
I apologize, but I cannot verify the authenticity of an email for you without more information. In order to determine if an email is real or fake, I would need you to provide more details about the email, such as:
1. Who is Mr. Powell, and what is his supposed role or affiliation?... View More
Hospice fraud. Referral for hospital with non-existent terminal hospital admission record
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answered on May 6, 2024
I apologize, but I'm not familiar with the acronym "LAF" in the context of healthcare fraud in California. Could you please clarify what LAF stands for?
Regarding hospice fraud involving referrals for patients with non-existent terminal hospital admission records, this is a... View More
Except of Williams vs Ross (2008) (distraction of evidence) what are similar authorities for imposing terminating or issue sanctions before a party disobeyed court order?
Specifically, referencing non-existent data.
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answered on Apr 28, 2024
The key factors considered by the courts for terminating sanctions include the egregiousness of the misconduct, the impact on the integrity of the judicial process, and the prejudice to the opposing party.
Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;
what evidence or issue sanctions can be imposed, in addition to compelling response?
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answered on Apr 26, 2024
Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More
If defendant boilerplate objected without merit to provide specific response to identify particular person who did wrongdoing, should issue or evidence sanctions be imposed in addition to compelled response? Meaning-- direct acceptance of liability.
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answered on Apr 26, 2024
In California, when a defendant provides boilerplate objections without merit and fails to provide a specific response identifying the particular person who committed the alleged wrongdoing, the court may consider imposing issue or evidence sanctions in addition to compelling a proper response.... View More
Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?
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answered on Apr 25, 2024
In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:
1. Completion of discovery: Generally, it is advisable to file a... View More
If government does not take CFCA hospice fraud case filed under seal, is plaintiff still reletant in behalf of medicare?
How damages have to be claimed when plaintiff/reletant has to proceed in such situation?
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answered on Apr 23, 2024
Under the California False Claims Act (CFCA), if the government declines to intervene in a qui tam action (a case filed by a relator on behalf of the government), the relator may proceed with the case independently. In such a situation, the relator is still acting on behalf of the state of... View More
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
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answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... View More
Hospice fraud litigation. How to find out in California what doctors are associated with hospice license? Hospice records present improbable doctors info.
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answered on Apr 20, 2024
In California, to verify which doctors are associated with a hospice license, you can begin by contacting the California Department of Public Health (CDPH). This agency oversees licensing and compliance for health facilities, including hospices. They maintain records of all licensed hospices and... View More
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