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Improper referrals with destination fraudulent referral to hospice. In context of medical malpractice case.
Legal theories are fraud by hospital and breach of fiduciary duty by doctor?
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answered on May 17, 2024
Under California law, improper referrals to hospice that are fraudulent could potentially give rise to claims of fraud against the hospital and breach of fiduciary duty against the referring doctor. Here are some key legal considerations:
Fraud by Hospital:
- Fraud requires a... 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
What particular tort law statutes are applicable for misrepresentation and concealment of health status information, fraud, fraudulent referral to hospice?
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answered on May 17, 2024
There are several California statutes that may be relevant to torts involving misrepresentation, concealment of health status information, fraud, and fraudulent referral to hospice:
1. Civil Code § 1709 (Fraudulent Deceit): This statute provides a cause of action for fraudulent deceit,... 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
What is liability for constructive fraud Cal.Civ.Code section 1573 for doctor?
How is liability different from liability pursuant section 1572
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answered on May 17, 2024
Under California law, Sections 1572 and 1573 of the Civil Code address different types of fraud that can result in liability for a physician. Here's a breakdown of the key differences:
1. Cal. Civ. Code § 1572 (Actual Fraud):
- This section deals with actual fraud, which... View More
Plaintiff's First Amended Complaint had actually to be Notice of Errata, since it included typographic error correction, and corrected proper business name of defendant. Can Plaintiff file a Motion with Court for leave to file consequent amended complaint, because First Amended complaint was... View More
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answered on May 17, 2024
Under California law, if the First Amended Complaint only corrected typographical errors and the proper business name of the defendant, it would typically be considered a correction rather than a substantive amendment. In this case, the proper procedure would have been to file a Notice of Errata to... View More
Complaint lists fraud statues Cal. Civ. Code 1574, 1709, 1710, but missed 1572.
Is it significant deficiency alleging fraud?
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answered on May 17, 2024
Based on California law, not explicitly listing California Civil Code Section 1572 in a complaint alleging fraud is unlikely to be a significant deficiency, as long as the complaint sufficiently alleges the elements of fraud. Here's why:
1. California Civil Code Section 1572 defines... View More
What are statutes that define liability for unjust enrichment in healthcare/hospice fraud?
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answered on May 17, 2024
In California, there is no specific statute that defines liability for unjust enrichment in the context of healthcare or hospice fraud. However, unjust enrichment is a common law principle that is often used in civil litigation to recover damages when one party has unfairly benefited at the expense... View More
What statutes of Cal. Health and Safety code 1320 define liability for misrepresentation, concealment and fraud. For healthcare organization, and doctor.
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answered on May 17, 2024
Under California law, there are several statutes within the California Health and Safety Code that define liability for misrepresentation, concealment, and fraud by healthcare organizations and doctors. Here are the relevant sections:
1. Cal. Health & Safety Code § 1320.5 -... View More
What common law statutes define hospice fraud?
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answered on May 17, 2024
In California, there are no specific common law statutes that define hospice fraud. However, hospice fraud is typically prosecuted under various state and federal laws related to healthcare fraud, false claims, and elder abuse. Some of the relevant laws include:
1. California False Claims... View More
What common law statutes define hospice fraud?
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answered on May 17, 2024
THis is a broad question but I'll try and address is under both Federal and California law. In California, hospice fraud is generally addressed under broader statutes that deal with fraud and healthcare fraud rather than specific "common law statutes." The relevant laws and... 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
If hospice fraud is a cause of action in medical malpractice case what law defines this cause of action?
Can consequent CFCA case be filed after medical malpractice case, within statute of limitations?
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answered on May 16, 2024
In California, hospice fraud can be a cause of action in a medical malpractice case, and it may also lead to a separate case under the California False Claims Act (CFCA). Here's some information on the relevant laws and statutes of limitations:
1. Medical Malpractice: In California,... View More
Current cause of action in medical malpractice case is: for improper referrals, and claim for punitive damages for fraud.
Improper referral included denial of discharge covered by insurance at the hospital, and referral to hospice with non-existent terminal illness.
What statutes... View More
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answered on May 16, 2024
Under California law, there are several statutes that could potentially apply to a case involving improper referrals in a medical malpractice context. Here are a few key provisions to consider:
1. California Business and Professions Code Section 650: This statute prohibits licensed... 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
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
What is the role of torts law in litigation?
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answered on May 16, 2024
In California, tort law plays a significant role in litigation. Torts are civil wrongs that cause harm or loss to another person, giving the injured party the right to seek compensation through the legal system. The primary role of tort law in litigation is to provide a means for individuals to... 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
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