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HIPPA Violations from Cleveland clinic to Allegheny general hospital to UPMC hospital and doctors offices have been gaslighted and used by a corrupt district attorney in Blair county. The detective responsible for violations is xx. He now trying to use the Pennsylvania State Police to protect him... View More 
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answered on May 24, 2024
I'm sorry to hear about the severe issues you're facing. To address potential HIPAA violations and civil rights infringements, it's crucial to hire an attorney experienced in both healthcare privacy and civil rights law. These professionals can help you gather evidence, file... View More
In CFCA case, can supposed plaintiff's 'gullability' be a factor?
Plaintiff was induced into hospice with non-existent terminal diagnosis, extremely week after hospital associated complications: after two large volume blood transfusions and infection.
Once became... View More
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answered on May 21, 2024
Under the California False Claims Act (CFCA), the plaintiff's gullibility is generally not a significant factor in determining the validity of the claim. The focus is on the defendant's actions and whether they knowingly submitted false or fraudulent claims to the government for payment... View More
answered on May 28, 2024
A Georgia attorney could advise best, but your question remains open for two weeks. You could work with the insurance companies to investigate the matter. If they share information with you on what their special investigation units learned, that might help you in preventing future incidents and... View More
answered on May 20, 2024
There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.
First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to... View More
answered on May 20, 2024
Identifying an attacker is a job for either the police or a private investigator. Because most technology experts agree that V2K technology does not currently exist, you most likely will not find police very helpful. So you almost certainly will need to retain the services of a private... View More
What statute and legal theory define direct liability of hospital for wrong blood test data by hospital laboratory, basis for fraudulent non-existent terminal disease. Referral to hospice was based on this terminal disease.
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answered on May 18, 2024
Under California law, there are a few potential statutes and legal theories that could apply in a case where a hospital laboratory provided erroneous blood test results indicating a non-existent terminal disease, leading to an improper referral to hospice care:
1. Medical Negligence... View More
What legal theories presume that expert witness testimony is not required?
Fiduciary duty is such, as well as fraud. What are others?
Given that case is not medical professional negligence.
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answered on May 17, 2024
In California, there are several legal theories that generally do not require expert witness testimony, apart from medical professional negligence cases. Some of these include:
1. Breach of Contract: In most breach of contract cases, the terms of the contract and the actions of the parties... View More
When hospice fraud CFCA case filed, will ostensible agency liability be considered?
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answered on May 17, 2024
Under California law, when a hospice fraud case is filed under the California False Claims Act (CFCA), ostensible agency liability could potentially be considered, depending on the specific facts and circumstances of the case.
Ostensible agency, also known as apparent agency, refers to a... View More
How relationship between malpractice case can CFCA case can realistically impact CFCA case, filed after malpractice case?
Given that either case meets statute of limitations, and focused on hospice fraud.
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answered on May 17, 2024
Under California law, the relationship between a medical malpractice case and a California False Claims Act (CFCA) case, both focused on hospice fraud, can have a significant impact on the CFCA case if it is filed after the malpractice case. Here's an analysis of how the malpractice case might... View More
Based on what definition, criteria hospice fraud can be deemed complex case?
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answered on May 17, 2024
Under California law, a hospice fraud case may be deemed complex based on several factors outlined in Rule 3.400 of the California Rules of Court. Some of the key criteria that could make a hospice fraud case complex include:
1. Multiple parties involved: If the case involves a large number... View More
Pros and cons of motion for summary judgement by plaintiff in medical malpractice case with focus on hospice fraud
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answered on May 17, 2024
Under California law, here are some key pros and cons of a plaintiff filing a motion for summary judgment in a medical malpractice case focused on hospice fraud:
Pros:
1. Expedited resolution: If successful, a summary judgment motion can resolve the case quickly without the need for... View More
1. Hospice fraud is common law fraud and breach of fiduciary obligations - by referring hospital and by hospice.
2. Thus expert testimony is not required given that plaintiff is alive and does not have lethal kidney disease and any kidney disease,
2.5 years after record of... View More
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answered on May 16, 2024
I can provide some general information, but for a definitive legal analysis, it's best to consult with a qualified California attorney. That said, here are a few thoughts:
1. Hospice fraud could potentially involve common law fraud and breach of fiduciary duty claims in some... View More
In medical malpractice case with hospice fraud, when medical evidences exist that plaintiff is healthy, what are authorities that testimony of legal medical expert is not required? Would MDJ require medical expert testimony?
(Unless CFCA case is the answer)
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answered on May 16, 2024
Under California law, there are certain situations where expert medical testimony may not be required in a hospice fraud case, even when medical evidence exists showing the plaintiff is healthy. Here are a few relevant authorities and considerations:
1. The "common knowledge"... View More
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
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