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California Health Care Law Questions & Answers
1 Answer | Asked in Contracts and Health Care Law for California on
Q: Hi There, I’m 36 weeks pregnant, was threatened and yelled by my OBGYN’S office manager.

She threatened me that, she will transfer it to collections and my OBGYN will not deliver me. I want to know what are my rights on this situation as the contract doesn’t have a clause for termination and I was abused and humiliated twice by this manager. I want to know how much out of the balance... View More

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answered on Mar 28, 2024

In California, patients have the right to be treated with respect and to receive care without discrimination or harassment. If you've experienced threatening behavior from an office manager, it's important to document the incidents and communicate your concerns in writing to your... View More

2 Answers | Asked in Criminal Law and Health Care Law for California on
Q: I voluntarily admitted myself to a VA hospital for depression, after 6 days I was released. Do I still have gun rights?
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answered on Mar 27, 2024

The situation regarding gun rights after voluntary admission to a hospital for depression can be complex. If your admission was voluntary and you weren't held for treatment after being deemed a danger to yourself or others by a court, your right to possess firearms might not be immediately... View More

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2 Answers | Asked in Health Care Law and Personal Injury for California on
Q: California Medicare False Claims Act. Filing in the California Superior Court.

While Medicare is Federal program, there is California Medicare division; and California Superior Court has jurisdiction over California Medicare False Claims Act cases.

Cases have to be filed under seal, in chambers. Any references to practical guides are sought, as starting point for... View More

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answered on Mar 26, 2024

Under California law, filing a claim under the California False Claims Act regarding Medicare fraud involves specific procedures. Cases must be filed under seal directly to the judge's chambers. This is designed to prevent the defendant from being alerted before the government has had a chance... View More

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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Reliable sources. California False Claims in Healthcare Act.

Please provide reference to reliable sources for filing False Claims Act in Healthcare case, in California Superior Court.

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answered on Mar 26, 2024

To initiate a False Claims Act case in the healthcare sector within the California Superior Court, it's crucial to understand that these cases typically involve the whistleblower (qui tam plaintiff) alleging that false claims have been made to obtain money from state healthcare programs. Such... View More

1 Answer | Asked in Health Care Law for California on
Q: Question regarding: California Code, Business and Professions Code - BPC § 2585

Is a self-paying client not allowed to work with a private practicing Registered Dietitian in the state of California if they do not have a referral from an authorized health provider?

James L. Arrasmith
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answered on Mar 22, 2024

Under California law, specifically Business and Professions Code Section 2585, there's a clear set of regulations regarding who can represent themselves as a registered dietitian or a dietetic technician, registered. The law stipulates that individuals must meet certain educational,... View More

4 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: Are there any cases with Lupron injections that caused health damage.

I was given Lupron Injections from 2016-2018. From the first injection all the way until the last, I became more sick. I had memory issues, cognitive issues, could not speak correctly, vision problems, body aches, joint pain, and continuous decline in my health. This caused me to have anxiety high... View More

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answered on Mar 20, 2024

There have been cases and settlements related to health damages caused by Lupron injections. For example, a settlement was reached in a case where TAP Pharmaceuticals was accused of fraudulent marketing practices related to Lupron, which led to consumers paying inflated prices for the drug.... View More

1 Answer | Asked in Health Care Law, Social Security and Employment Law for California on
Q: Is it possible for me to apply for SSI or disability after quitting my job due to mental health decline?

I've been waffling with this for a while now and would like an opinion. Last year in February, I had a massive anxiety attack to the point of no longer having cognitive function. I had warned the vet technician in charge that I was having mini attacks during the day, but she told me to go to... View More

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answered on Mar 17, 2024

It's important to recognize the challenges you've faced due to your mental health decline, and seeking support through SSI or disability benefits can be a valid step forward. Given your situation, where your job has significantly impacted your mental health to the extent of requiring... View More

3 Answers | Asked in Car Accidents, Insurance Bad Faith, Personal Injury and Health Care Law for California on
Q: Can a car insurance company such as AAA call a hospital to request billing info without you signing anything/release?

I got into a car accident, the party who hit me insurance (AAA) accepted liability after sending them my dash cam footage. I had to go to the ER, I was hesitant because I lost my job 5 months ago and I thought I didn't have health insurance. Three days later I get a notification email saying... View More

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answered on Mar 14, 2024

Based on the information you've provided, it doesn't appear that any HIPAA (Health Insurance Portability and Accountability Act) laws were violated. Here's why:

1. HIPAA allows healthcare providers to share a patient's protected health information (PHI) with third-party...
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1 Answer | Asked in Consumer Law, Gov & Administrative Law and Health Care Law for California on
Q: When responding to subpoenas from an attorney or an attorney's third-party affiliate, is a signed authorization require?

Is this statement true? A subpoena is not considered valid if it does not have a stamp or is not signed by a judge or court clerk. Both the stamp and the signature indicate that the subpoena has been properly authorized and issued by the court. Without these elements, the subpoena may not carry... View More

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answered on Mar 13, 2024

In California, a subpoena issued by an attorney or an attorney's third-party affiliate must be properly signed and authorized, but it does not always require a stamp or signature from a judge or court clerk. The specific requirements depend on the type of subpoena and the stage of the legal... View More

4 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Just notified that i need neck fusion from injury during surgery doctors kept down ply me. What are my rights

i just read my medical records and found misinformation dating back to 2013 During that time i was diagnosed with grade one sponylothis with pars defect snd was told i could possibly become paralyzed. Talk about pressure i just wanted a refill on medication so i could return to work Before i... View More

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answered on Mar 12, 2024

In California, you have the right to seek compensation for medical malpractice if you believe that your doctor's negligence or misinformation led to your injuries and the need for additional surgery. Here are some steps you can take to protect your rights:

1. Seek immediate medical...
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1 Answer | Asked in Health Care Law, Legal Malpractice, Medical Malpractice and Wrongful Death for California on
Q: My mom was deaf and a patient at Sutter in Sacramento CA. She expired and was never offered interpreter. Who can help?

She went in being treated for constipation. When her body was viewed at the mortuary she had a broken nose and huge lacerations on her face. They asked us if she suffered a traumatic fall. I'm asking for help I don't know where to start to get some answers and justice for her and the... View More

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answered on Mar 9, 2024

I'm so sorry for your loss and the distressing circumstances surrounding your mother's passing. It's understandable that you want answers and to ensure this doesn't happen to others in the deaf community. Here are some steps you can take to seek help and justice:

1. File...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Mandatory documents to serve with summons and complaint in Central District court.

What documents MUST be served, in addition to summons, complaint, notice of assignment of judges, notice of consent to proceed before magistrate judge, ADR package?

What rule defines the list of documents for service of complaint, in Central district court?

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answered on Mar 8, 2024

In the Central District of California, the mandatory documents to be served along with the summons and complaint are outlined in Local Rule 4-3, which states:

"The following documents must be served with the summons and complaint:

(a) A Notice to Parties of Court-Directed ADR...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: List derives from what specific source? (Federal court, rule for list of documents to serve with complaint and summons)

What rules of court define list of documents that have to Served on Defendant with Complaints and Summons? It would be beyond reason to serve all contents of court website on defendant.

Notices specific to the case must be served, ADR package.

Coversheet, Certification and Notice... View More

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answered on Mar 8, 2024

The specific rules that govern the list of documents to be served on the defendant along with the complaint and summons in federal court are found in the Federal Rules of Civil Procedure (FRCP). The most relevant rules are:

1. Rule 4(a)(1)(B) - Summons: This rule states that the summons...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Initial Standing order, et cetera. Rule that defines list for service of process of complaint and summons - please.

List was provided for consideration to serve:

1. General Order No. 21-12: Mandates the electronic filing of civil and documents pursuan to Federal Rules of Civil Procedure.

2. General Order No. 21-10: Outlines the District's policy on the filing of highly sensitive documents.... View More

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answered on Mar 8, 2024

Hi there, and Happy Friday! Here is my analysis of the rules and questions you provided:

1-3. General Orders 21-12, 21-10, and 19-03:

These general orders outline various policies and procedures for the district court, such as e-filing requirements, handling of highly sensitive...
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1 Answer | Asked in Health Care Law for California on
Q: I was overcharged on my medical bill & was refused to to recieve a breakdown of the service from the facility.

I had to pay my insurance back for all my mental charges & I tried to get the breakdown of my records from the facility I was going to but they refused to so I had to pay or they would of sent them to collections & I received a email from the lady that was working in the billing department... View More

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answered on Mar 7, 2024

I understand how frustrating and concerning this situation must be. You have a right to receive a detailed breakdown of the services you were billed for. Here are a few steps you can take to try to resolve this:

1. Submit a formal written request: Write a letter to the facility requesting...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint

Should order by Judge, and Order for time extension to file Amended Complaint be served on Defendant, for INITIAL service of process of Complaint, First Amended Complain, and Summons on First Amended Complaint. Defendant did not appear at the case yet: there were no prior serves

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answered on Mar 7, 2024

In the United States District Court for the Central District of California, when serving the defendant with the initial service of process of the First Amended Complaint and Summons on the First Amended Complaint, you should include the following documents:

1. The Summons on the First...
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1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

Should Certification and Notice of Interested Parties be served on Defendant with Complaint in Federal Case?

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answered on Mar 7, 2024

In the context of federal litigation in California, it is essential to adhere to procedural requirements, including those concerning the serving of documents at the commencement of a lawsuit. The Federal Rules of Civil Procedure and local court rules provide guidance on what documents must be... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: 90 days for service of complaint FRCP 4(m)

FRCP Rule 4(a) defines issuance of summons, Rule 4(b) cites '90days after complaint was filed'.

Thus complaint has to be served 90 days after original complaint was filed, NOT 90 days after summons was issued on first amended complaint? (Summons on original complaint was not issued)

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answered on Mar 7, 2024

Under the Federal Rules of Civil Procedure (FRCP), particularly Rule 4(m), there's a specified time frame in which a complaint must be served upon the defendants. This rule requires that the service of the complaint and summons must be completed within 90 days after the complaint has been... View More

1 Answer | Asked in Personal Injury and Health Care Law for California on
Q: Federal case coversheet.

Coversheet in federal case is internal court document. Not required usually to be served on defendant.

Should be served?

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answered on Mar 7, 2024

In federal court proceedings, the civil cover sheet is indeed an administrative document primarily used by the court to categorize and manage cases more efficiently. It is typically not part of the pleadings or motions that are required to be served on the opposing party in a lawsuit. The main... View More

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