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What are common law fraud statutes?
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answered on May 17, 2024
In California, fraud is primarily governed by common law principles rather than specific statutes. Common law fraud, also known as deceit, occurs when a person intentionally misrepresents or conceals a material fact, causing another person to rely on that misrepresentation or omission and suffer... 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
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
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
The HMO was Kaiser Permanente West Los Angeles via Dr. K.G. I had been having to endure multiple bouts of walking pneumonia since early 1994. Each bout lasting approx 6 months continuously. He prescribed prednisone at overdose with only the following written out as “directions”: 120-60-0. I... View More
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answered on May 16, 2024
I'm so sorry to hear about the terrible medical ordeal you've been through and the immense suffering it has caused you. What happened to you with the prednisone overdose and lack of proper instructions sounds truly awful and traumatic. To lose your health and ability to work at such a... 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
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
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
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