Get free answers to your Federal Crimes legal questions from lawyers in your area.
Hospital defined in conditions of admission that 'hospital' must follow directions of doctor subcontructor.
With such prayer,
What statute defines that hospital shall not obey order of subcontractor to disclose records of patients without authorization?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, there are several statutes that protect patient privacy and prohibit hospitals from disclosing unauthorized information, even if ordered to do so by a subcontractor such as a doctor. The most relevant statutes are:
1. California Confidentiality of Medical Information... View More 
Conditions of Admission are very specific in respect to Hospital Physician Relationship, stating that doctor is independent consultant, and hospital has to perform doctor's directions.
Does it mean that Hospital's information services, in-house or consultants, have to produce for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, unauthorized disclosure of medical records is strictly regulated by the Confidentiality of Medical Information Act (CMIA). The hospital and its information services, whether in-house or consultants, are required to obtain patient authorization before releasing medical records,... View More
Hoffman v. 162 North Wolfe LLC (2014) 228 Cal.App.4th 1178,1187, 175 Cal.Rptr.3d 820 (Hoffman); LiMandri 52 Cal.App.4th at p.
337, 60 Cal.Rptr.2d 539 [“As a matter of common sense, such a relationship can only come into being as a result of some sort of transaction betweent... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2024
Under California law, the hospital may be held liable for the actions of its employees and contractors who disclose patient records without authorization. When a computer technician employed by the hospital discloses patient records to a hospice without proper authorization, the hospital could be... 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 20, 2024
I'm so sorry to hear about your father's health issues and tragic passing. That must have been an incredibly difficult experience for you and your family.
Regarding potential compensation, there are a few avenues you could potentially explore:
1. Workers'... View More
my father was a machinist at rockwell international and worked with beryllium. He was later misdiagnosed as having tuberculosis and later died from suicide. am i eligible for compensation?
answered on May 20, 2024
The most critical information is not provided, the date your father died. There is a statute of limitations for a death claim in WC. Typically it is one year, but there are some specific circumstances where the application can be filed up to five years later. Without a date of death, the question... 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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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)
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 legal theories define liability for fraud in healthcare?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2024
Under California law, there are several key legal theories that can be used to establish liability for healthcare fraud:
1. False Claims Act (FCA) Violations: The California False Claims Act prohibits knowingly presenting a false or fraudulent claim for payment to the state government,... View More
What torts laws define misrepresented terminal illness ?
hospice fraud?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
