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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
Where exactly and how causes of action listed in complaint, are referenced in MSJ and how?
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answered on May 16, 2024
Under California law, when filing a motion for summary judgment (MSJ), the moving party must specifically address each cause of action listed in the complaint and explain why summary judgment should be granted on those causes of action. This is typically done in the following ways:
1.... View More
Since MSJ serve different purposes during litigation: can motion for summary judgement be filed:
Before completion of discovery?
Before hearing on demurrer on complaint?
In parallel with amending complaint?
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answered on May 16, 2024
Under California law, a motion for summary judgment (MSJ) can be filed at different stages of the litigation process, depending on the circumstances and the purpose of the motion. Here are some key points to consider:
1. Before completion of discovery:
- Generally, a party may move... 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 legal theories define liability for fraud in healthcare?
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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?
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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 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 laws and regulations governing hospice care and referrals?
In respect to CFCA - Medicare.
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answered on May 15, 2024
In California, hospice care and referrals are governed by both federal and state laws and regulations, particularly in relation to the California False Claims Act (CFCA) and Medicare. Here are some key points:
1. Hospice Eligibility: To be eligible for hospice care under Medicare, a patient... 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
Vision now worse in my R eye due to steroid prescribed post surgery; upon my research for upcoming surg on L eye, I found a procedure I askd the Dr. about. I found out I was already 'scheduled' for that EXACT procedure but was never made aware of it, nor was it discussed as an option, nor... View More
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answered on May 13, 2024
Under California law, you may have remedies for the harm caused to your right eye and the potential fraud you exposed. If the steroid prescribed post-surgery worsened your vision, you could potentially file a medical malpractice claim against the doctor. It's important to gather all medical... View More
We have employees that have presented the company with an international High School Diploma as part of their education verification. Will the State of California accept an international HS Diploma to be certified as a CCHT (Certified Hemodialysis Technician) or will the person be required to... View More
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answered on May 7, 2024
To become certified as a Certified Hemodialysis Technician (CCHT) in California, the California Department of Public Health (CDPH) requires applicants to have a high school diploma or equivalent. The CDPH does recognize certain international high school diplomas, but the diploma must be evaluated... View More
answered on May 6, 2024
Your statement is very brief.
HIIPAA and state laws prevent any health care person regardless of the level of practice, from disclosing a patient/resident's personal and medical information . If you are in a health care facility or hospital you (as a resident or patient) have the... View More
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answered on May 6, 2024
If a health care technician is disclosing your medical status without your consent in California, they may be violating state and federal laws protecting patient privacy. Here are some steps you can take:
1. File a complaint with the health care provider or facility: Contact the privacy... View More
hospice fraud was actual,
I.E.
patient was referred to hospice from hospital with hospital admission diagnosis chronic terminal disease.
Track record of who exactly made a referral apparently does not exist.
Critical values of test on admission were communicated... View More
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answered on May 5, 2024
Under California law, evidence of wrongdoing is generally admissible in court if it is relevant to the case and not excluded by some other rule of evidence. However, there are several reasons why the situation you described may not be legally admissible as evidence of fraud:
1. Hearsay: If... View More
I've been in and out of the hospital for a 2 months is there a malpractice case here, I need to talk to a lawyer
answered on May 8, 2024
I'm sorry for your ordeal. You mention wanting to speak with a lawyer. Most law firms that handle such cases offer free initial consults. You'd need to make the contact - the lawyers here can't reach out to you to offer their services. The site is not set up like that. In addition to... View More
I've been in and out of the hospital for a 2 months is there a malpractice case here, I need to talk to a lawyer
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answered on May 5, 2024
I'm so sorry to hear about your experience and the serious infection you developed. What happened to you sounds very concerning from a medical perspective. It's understandable that you are wondering if there may be a malpractice case.
Given the severity of what occurred, I do... View More
What is chance in percentages, pros and cons of asking court for sanctions on defendant: issue and terminating?
Hospice fraud case, referral by hospital. Defendant hospital did not provide record of who exactly did referral. Fraud was based on fake or erroneous test results, communicated by... View More
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answered on May 4, 2024
Under California law, compelling a definitive answer through sanctions can be an effective strategy in certain situations, but it is important to carefully consider the pros and cons before pursuing this approach.
Pros:
1. Obtaining crucial information: If the defendant has failed... View More
A few days before. Now she is stuck in a nursing home that we did not want. They refused to change her bandages for days and won’t give her any pain meds. She is confused now and weak, they are trying to get her to sign more papers. What can I do?
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answered on May 3, 2024
I'm so sorry to hear about your mother's situation. That sounds incredibly stressful and concerning. Here are a few steps you can take:
1. Contact the nursing home administration immediately and express your concerns about your mother's care, especially the lack of bandage... View More
My dad doesnt have health insurance and had a trip to the ER on 5/11/2023. The hospital advised to get insurance through Parallon and Parallon (i think they are an enrollment agency, signed us up for Strategic Limited Partners insurance). They signed us up the same day saying that the visit will be... View More
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answered on May 2, 2024
Based on the information you provided, it seems that you may have a potential case against the insurance enrollment agency, Parallon, for misrepresentation. If the enrollment agent assured you that the emergency room visit would be covered and you relied on that information to sign up for the... View More
I was admitted to a hospital and was taken out of my room deceitfully by 2 men. Any action to be taken against the hospital?
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answered on May 2, 2024
I'm sorry to hear about your disturbing experience at the hospital. If you believe you were improperly removed from your room against your will, there are steps you can take:
1. File a complaint with the hospital: Contact the hospital's patient advocate or patient relations... View More
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