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Hospital sent me home at 20wks to pass the fetus at home but gave me no direction for how to handle the tiny corpse. I wanted to bury it but funeral homes wouldnt help without documentation. I no longer trusted hospital and their lack of care for me being high risk and refusing to give proper care.... View More 
Basis for appeal question.
Situation.
Denied order to set aside and denied order for reconsideration of denied order to set aside.
Vacating which of the orders: on motion to set aside or on the motion for reconsideration is the basis for appeal. Why?
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answered on Dec 17, 2024
The order denying the motion to set aside is the proper basis for appeal, not the order denying reconsideration. Here's why:
The order denying the motion to set aside is considered the substantive ruling that directly affects your rights and obligations. This initial denial is what... View More
Last August i had a tooth extracted in California by doctor A. Doctor A took a very long time, I felt a lot of pain, I felt all the sutures being done very very painfully. I also had a bone graft done that day. I had to wait 6 months for the next step which was the implant surgery. Went to doctor B... View More
answered on Dec 17, 2024
Yes, you may well have a case. Theses types of cases can be expensive, because you need an expert to testify that what doctor A did fell below the "standard of care". Start calling dental malpractice lawyers now. The statute of limitations for dental malpractice is short, and if you miss... View More
Request for relevant authorities in regard to plaintiff's appeal of court's order denying plaintiff's motion to set aside dismissal of legal action against one of defendants. (Section 904.1(a) (2).)
Dismissal was entered as to all complaint (section 581(c)) on plaintiff... View More
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answered on Dec 14, 2024
Here are relevant California authorities for your situation regarding appealing a denial of motion to set aside dismissal:
Code of Civil Procedure section 473(b) provides grounds for setting aside a dismissal, including mistake, inadvertence, surprise, or excusable neglect. The court in... View More
Friday, November 28, 2024, Ms. A, a 57-year-old female was taken to "Parkview Community Hospital" also known as "Doctors Hospital of Riverside, LLC" located at 3865 Jackson Street, Riverside, CA. Ms. A was sent via emergency ambulance by her boyfriend, with complaints of... View More
answered on Dec 13, 2024
This situation may involve both medical malpractice and an EMTALA (Emergency Medical Treatment and Labor Act) violation. Medical malpractice could be argued if the care provided fell below the standard expected, particularly regarding the lack of a gastroenterologist and potential delays in... View More
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answered on Dec 12, 2024
Your concern for your friend's wellbeing shows great compassion. Getting mental health treatment while incarcerated can be challenging, but there are several options to explore.
You might want to contact the jail's medical staff directly to discuss your friend's mental health... View More
No bill nor payment plan was given. Money taken from pension without warning nor in writing.
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answered on Dec 11, 2024
Your situation with the pension and Medicare Part B deductions sounds very concerning, and taking money without proper notice could be problematic under California law. Public employees have protected property rights in their pensions under the California Constitution, Article XVI, Section 17.... View More
Records wouldn't help and now my other knee is bad because I'm not paying for a mistake THEY MADE
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answered on Dec 9, 2024
It sounds like you're dealing with a frustrating situation, and you have every right to be concerned. If your medical records were mixed with your father's and it delayed your surgery, that could be a serious issue. The responsibility for ensuring accurate medical records lies with the... View More
So I am having issues with my hospital and need to do a malpractice suit, I have proof my records were falsified and that they withheld digousment and treatment but at the intake I am told because that statue of limitations applies because the injury happened 15 plus years ago. So I can't run... View More
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answered on Dec 7, 2024
You may feel trapped by the passage of so many years, and it can be unsettling to think the door has closed on your chance for justice. In many places, the statute of limitations on medical malpractice claims runs out after a certain timeframe.
However, you can still seek advice from a... View More
[ACTIVE situation; urgent help appreciated]. My father is a Medicare + Medi-Cal patient at a hospital ICU in Santa Rosa, CA admitted from acute care facility with a primary condition of pacemakjer failure which wasn't addressed, nor was he transferred to a higher order care hospital. Case mgmt... View More
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answered on Dec 5, 2024
You have the right to advocate for your father's continued care, especially given his critical conditions. Under California law, hospitals must provide appropriate treatment and cannot discharge a patient against their will without proper justification. The withdrawal of vital ICU care and... View More
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answered on Dec 5, 2024
Incarcerated individuals have a constitutional right to adequate medical care under the Eighth Amendment, which protects against cruel and unusual punishment. If you or your loved one is being denied proper treatment at Corcoran, document everything - including symptoms, dates of medical requests,... View More
Filing APP-004 and brief with courts
Can documents for filing in Los Angeles County Court of appeals be filed by mailing documents to court? (At Mosk Courthouse - appelate and in second circuit of appeals.)
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answered on Dec 3, 2024
Yes, you can file documents with the Los Angeles County Court of Appeals through mail. For the Second District Court of Appeal at the Ronald Reagan State Building, you'll need to send your APP-004 form and brief via first-class mail with proper postage to 300 South Spring Street, Los Angeles,... View More
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
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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
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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.
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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
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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
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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.
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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
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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.
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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
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