Get free answers to your Health Care Law legal questions from lawyers in your area.
doctor, prior pcp, referred patient to out-of-network hospital not covered by patient's medicare.
doctor recorded on admission evidently non-existent lethal disease based only on blood test performed by hospital laboratory and "communicated" by non-existent person.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024
This situation appears to involve several serious legal issues, including potential Medicare fraud, false medical documentation, and improper patient care.
The hospital's attempt to invoke the ostensible agency doctrine seems questionable here, as the facts suggest direct involvement... View More
In legal action not filed under the False Claims Act, how to estimate compensation for record-related damages because of fraudulent hospice charges that are likely and may affect future healthcare decisions and access to treatment.
Plaintiff does not have out-of-pocket expenses, because... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2024
Estimating compensation for record-related damages from fraudulent hospice charges can be quite complex, especially when dealing with future potential impacts rather than immediate financial losses. Your situation is particularly concerning since false Medicare records indicating terminal illness... View More
Follow up to previous question/answer by ms. Arrasmith. The question at this point was regarding estimate, not actuals, or contacting medicare before likely FCA case, that will have to be filed.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2024
From what I understand, you're seeking estimated Medicare charges commonly seen in fraudulent hospice billing. This is a serious matter that often forms the basis for False Claims Act cases.
Typical fraudulent hospice charges can include inflated daily rates ranging from $150-$250 for... View More
Those fraudulent charges for 'hospice benefit' could or not be directly included in plaintiff's economic damages/out-of-pocket expenses;
But they are impactful since they are on Plaintiff's medicare record, that will have to be amended.
How this factor is taken... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2024
Your Medicare record showing fraudulent hospice charges can indeed impact your case beyond direct financial losses. This situation affects both current and future healthcare considerations.
The presence of false hospice charges on your Medicare record could lead to complications with future... View More
Register of actions or docket if any. Point 4 (7) of APP - 003 (as one item). Register of actions is list of all the actions for each case. This list includes names and dates for all the evidence, documents, and motions filed in the trial court.
APP-003 references register of actions as one... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2024
When preparing your APP-003 form, you should include a complete copy of the register of actions or docket from your trial court case. This is essentially a chronological list of everything that happened in your case.
The register of actions should contain all filings, hearings, orders, and... View More
Last year we only had 6 days to decide on our benefits. This year I asked to be informed early and was told there isn't any law that requires them to give us 30 days to review our benefits.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2024
In California, there is no specific law requiring employers to provide 30 days for health benefit review during open enrollment periods. While it's considered a best practice to give employees adequate time to review their options, employers have flexibility in determining the length of the... View More
I’ve been in and out of hospital for the last 11 months for pancreatitis. So when I had severe abdominal pain I went back to emergency at they same hospital I was treated at they just gave me pain meds(oxycodone) and sent me home. I asked them to do a CT scan because I had stints put in and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024
Your situation sounds incredibly frustrating and painful, both physically and emotionally. I'm very sorry you've experienced this ordeal with delayed treatment that led to complications and addiction.
Based on what you've described, you may have grounds for a medical... View More
True statement? 60 day calculation per 8.104(a) rule.
In case when motion for reconsideration was denied, after motion to set aside dismissal was denied.
60 days are calculated from date when motion to set aside dismissal was denied.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024
This is incorrect regarding California Rule of Court 8.104(a) timing calculations.
When dealing with multiple post-judgment motions, the 60-day period to file a notice of appeal runs from the earliest of: the date of entry of denial of the motion for reconsideration, or the date of entry... View More
I have been on my back for 4 weeks now and on morphine just to be able to lay down . I twisted wrong and blew up a three and a half year long serious trauma because I fractured my sacrum they a sacral plasty the area about four years ago since then I have continually gotten worse. I have sciatica... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2024
Your situation sounds incredibly painful and frustrating, especially being confined to bed for so long while dealing with severe back and leg pain. The fact that the injection provided temporary relief is actually valuable information - it helps confirm the location of the problem and suggests... View More
CRC Rule 8.108 defines in relevant part (e)(2)(3): the earliest of
(2) 90 days after the first motion to reconsider is filed; or
(3) 180 days after entry of the appealable order.
How to determine if 90 days or 180 days deadline applies when Plaintiff's first motion for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
When your first motion for reconsideration was denied, the 90-day deadline would apply in this situation under CRC Rule 8.108(e)(2), starting from the date you filed that first motion.
The rule sets up these two timeframes as alternative deadlines, and the key phrase "earliest of"... View More
If Plaintiff's Motion for Reconsideration in civil unlimited case was denied in California Superior Court, to which Court
Plaintiff has to submit appeal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
In California, after a denial of a Motion for Reconsideration in a civil unlimited case at the Superior Court level, you would need to file your appeal with the California Court of Appeal for your district. Los Angeles cases specifically fall under the Second District Court of Appeal's... View More
How to appeal in california court's decision to deny plaintiff's motion for reconsideration? What statutes, rules define this process?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2024
To appeal a denial of a motion for reconsideration in California, you'll need to follow specific procedures under California Code of Civil Procedure Section 1008 and the California Rules of Court.
You must file a Notice of Appeal within 60 days after being served with notice of entry... View More
Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More
answered on Nov 9, 2024
Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More
I am an IHSS worker in Orange county. June 2024 i was issued a paper check by mail that i never received and the IHSS office has been telling me for months i just need to wait. Apparently the check was cashed according to them, but they are not showing any proof. I never received the check and... View More
answered on Nov 8, 2024
You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More
My daughter passed away as a direct result of her doctors at UC Davis hospital in Sacramento refusing to do anything to help her, her heart gave out because she needed dialysis and they refused to do so even though I found multiple studies and calls the other parents Who’s children had the same... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
I'm deeply sorry for the devastating loss of your daughter. This must be an incredibly painful situation, and the alleged denial of care based on financial considerations is extremely serious.
For medical malpractice cases involving wrongful death in California, you have one year from... View More
I visited a hospital ER for vertigo treatment, which included an IV. While there, I needed to use the restroom and, despite my dizziness, was allowed to go alone. After using the bathroom, I lost balance and fell, resulting in severe pain. Nurses rushed in to help, and I had to insist on an X-ray,... View More
answered on Oct 31, 2024
Your situation may constitute medical negligence, as the hospital had a duty to ensure your safety, especially given your dizziness. Allowing you to go to the restroom unattended could be seen as a breach of that duty, directly leading to your fall and subsequent injury. However, proving negligence... View More
I'm a PATIENT and asked the court to approve my cause of action for RETATIATION citing H&SC Section 1278.5 Subsections (b)(1), (c) and the court denied me, citing H&SC Section 1278.5 Subsections (d), (g), and (h), pertaining to employees.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2024
Under H&SC Section 1278.5, the protections are specifically designed to shield employees from retaliation related to their work. This means that the law primarily addresses issues between employees and their employers within the healthcare sector. Since your role is that of a patient, the court... View More
Back in 2007 I was convicted wrongfully for 211 theft but I did the time then was released and dismissed but not completely since it still showed on my record when checked. But last year 2023 I was able to get it expunged I am working now and after a year of working with my employer my boss called... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 31, 2024
Having your record expunged generally means that the conviction is set aside, and you can legally answer "no" when asked if you've been convicted of a crime. This should help reduce any negative impact on your employment. Employers are typically limited in how they can use expunged... View More
working. THey had no idea what to do or who to call, no one was answering. Tne next 2.5 years of hell have ruined my life. I was permanently mentally illl, had a crripled older dog who protected me which she knew. I was physically attacked two time, both because they lied to me about the status... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2024
I'm truly sorry you've had to endure so much. It's important to reach out to a local legal aid organization in California that can help you understand your rights and explore options related to your illegal eviction and other challenges you've faced.
Connecting with... View More
Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2024
To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation... View More
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.
