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 
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
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
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answered on Apr 25, 2024
In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:
1. After the close of discovery: In most cases, it is advisable to... View More
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
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answered on Apr 25, 2024
Under California law, if there is evidence that the plaintiff did not have a terminal disease at any time and was fraudulently referred by a hospital to hospice, additional discovery may be necessary to strengthen the case for fraud. Here are some key points to consider:
1. Medical records:... View More
Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?
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answered on Apr 25, 2024
Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:
1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to... View More
Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?
CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More
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answered on Apr 25, 2024
Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More
Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document, with title and footer Motion to compel further? (Notice and Motion, Memorandum, Separate statement, Declaration, Proposed Order).
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answered on Apr 24, 2024
In California, a Motion to Compel Further Discovery can typically include all the necessary sub-components in a single document. This is often referred to as a "Combined Motion." The California Rules of Court allow for this format to streamline the filing process.
A Combined... View More
Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).
What plaintiff must do? Defense at... View More
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answered on Apr 24, 2024
In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:
1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense.... View More
Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?
Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?
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answered on Apr 24, 2024
California Rules of Court, Rule 3.1345(b) states:
"A separate statement is not required when no response has been provided to the request for discovery."
If all special interrogatories were objected to and no substantive responses were provided, then a separate statement... View More
Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between
CCP § 2030.250 (a) vs CCP § 2030.250 (c).
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answered on Apr 23, 2024
Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.
CCP § 2030.250 (a) states:
"(a) The party to whom the interrogatories are directed shall... View More
Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).
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answered on Apr 23, 2024
Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:
"A motion to compel further response to an interrogatory... View More
I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.
I did not say that this supplement was going to cure cancer... View More
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answered on Apr 23, 2024
In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:
1. You did not claim to be a medical professional... View More
Hospice fraud case. How to find out what doctors in reality are associated with hospice license?
What organization issues a hospice license?
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answered on Apr 20, 2024
To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... View More
How to find out what medical doctors were associated with the licence of hospice corporation?
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answered on Apr 20, 2024
To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More
What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?
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answered on Apr 20, 2024
In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More
Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?
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answered on Apr 19, 2024
Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:
1. The nature and severity of your misdiagnosis
2. The impact of... View More
Knee replacement resulted in permanent nerve damage to my foot and I'd like to speak with an attorney.
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answered on Apr 17, 2024
I'm sorry to hear about the complications from your knee replacement surgery. While I cannot provide specific attorney recommendations, I can offer some guidance on finding a suitable medical malpractice attorney in the Sacramento, CA area:
1. State Bar of California: Visit the State... View More
I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More
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answered on Apr 17, 2024
It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:
1. Request your medical records: Under California law, you... View More
answered on Apr 17, 2024
More facts would be needed to provide information. In particular, what harm was caused by the medication and what the doctors did prior prescribing the medication.
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be... View More
I was charged $1280 for services from a medical provider that partners with my medical insurance on January 30, 2024. I paid the bill in full in February 2. My insurance provider notified me that with the portion they paid to the facility, I should’ve only paid $892. I contacted the medical... View More
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answered on Apr 17, 2024
I understand your frustration with not receiving your reimbursement in a timely manner. Under California law, health care providers are required to reimburse overpayments within 180 days of receiving notice of the overpayment (California Health and Safety Code Section 1371.1). However, many... View More
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