Get free answers to your Medical Malpractice legal questions from lawyers in your area.
This injury has made me suffer for years now. resulting in the illusion of me being on drugs. It was a medical emergency Dignity Health dropped the ball on. I have all medical docs in hand. I suffered five bone fractures and the destruction of my teeth as well. to the naked eye no one can tell it... View More
answered on Apr 26, 2024
I'm so sorry to hear about the medical injury you suffered and the devastating impact it has had on your life. What a terrible ordeal to go through, especially without being able to get the reconstructive surgery and dental work you need. Here are a few suggestions for potential next steps:... View More
Medical malpractice or healthcare fraud. If defendant boilerplate and without merit objected to disclose specific identities of wrongdoers;
what evidence or issue sanctions can be imposed, in addition to compelling response?
answered on Apr 26, 2024
Under California law, when a party fails to provide further responses or produce documents after being ordered to do so by the court, the court may impose various sanctions, including evidence and issue sanctions, in addition to compelling the response. Here are some potential sanctions that may be... View More
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
answered on Apr 25, 2024
In an apparent hospice fraud case, the timing of filing a motion for summary judgment depends on the specific circumstances of the case and the applicable rules of civil procedure. However, here are some general guidelines:
1. After the close of discovery: In most cases, it is advisable to... View More
Given that hospice fraud is obvious, and that defendants meritless object discovery, what would be right time to file motion for summary judgement?
answered on Apr 25, 2024
In a case involving hospice fraud in California where the defendants are raising meritless objections to discovery, the timing of filing a motion for summary judgment depends on several factors. Here are some considerations:
1. Completion of discovery: Generally, it is advisable to file a... View More
Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?
answered on Apr 25, 2024
Yes, in California, a plaintiff who is representing themselves in pro per (or pro se) can request monetary sanctions when filing a Motion to Compel further discovery responses. Here are some specifics:
1. Legal basis: California Code of Civil Procedure (CCP) § 2023.030 allows the court to... View More
Can plaintiff in Pro Per request monetary sanctions in Motion to Compel further discovery responses? What specifics?
answered on May 13, 2024
Yes. In California you may request monetary sanctions in a Motion to Compel Discovery Responses or to Compel Further Responses. However, you may be limited in the damages you can claim since you are not an attorney and cannot claim the reasonable value of your attorneys' fees. However, you... View More
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
answered on Apr 28, 2024
It could depend on the quality and relevance of the evidence already at hand to the fraud issue - if the existing evidence does not support the allegation of fraud, then more could be needed. An attorney could answer more definitively with the benefit of the records gathered so far. Good luck
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
answered on Apr 28, 2024
Addendum - It could be one thing for the blood test report to raise questions, but fraud is something that requires a clear showing of intent. It would help to see the records and see if they offer information that enables inferences about state of mind. Good luck
If there are evidences that plaintiff has not had terminal disease at any times, and was fraudulently referred by hospital to hospice:
is more discovery needed? What else is needed for proof of fraud?
Terminal disease was recorded on admission to hospital, by doctor who referred... View More
answered on Apr 25, 2024
Under California law, if there is evidence that the plaintiff did not have a terminal disease at any time and was fraudulently referred by a hospital to hospice, additional discovery may be necessary to strengthen the case for fraud. Here are some key points to consider:
1. Medical records:... View More
Can first motion to compel further discovery responses by plaintiff request court an order rendering a judgement against defendant pursuant to CCP § 2023.030 (d) (4)?
CCP § 2023.030 (d) The court may impose a terminating sanction by one of the following orders: (4) An order rendering a... View More
answered on Apr 25, 2024
Under California law, CCP § 2023.030 (d) (4) allows the court to impose a terminating sanction by rendering a default judgment against a party for misuse of the discovery process. However, this is typically considered a severe sanction and is usually reserved for cases where there has been a... View More
Are all sub-components of Motion to Compel further discovery allowed to be compiled into one document, with title and footer Motion to compel further? (Notice and Motion, Memorandum, Separate statement, Declaration, Proposed Order).
answered on Apr 24, 2024
In California, a Motion to Compel Further Discovery can typically include all the necessary sub-components in a single document. This is often referred to as a "Combined Motion." The California Rules of Court allow for this format to streamline the filing process.
A Combined... View More
Defense in response to discovery requests dumped thousands pages and misc files that do not include information requested. In consequent discovery responses defenses already references previously provided dump, as if it had requested data (it did not).
What plaintiff must do? Defense at... View More
answered on Apr 24, 2024
In a motion to compel further responses to discovery requests under California law, you should address the issue of the incomplete data dump by the defense as follows:
1. Specifically identify the discovery requests at issue and the deficiencies in the responses provided by the defense.... View More
Is Cal Rules of Court, Rule 3.1345(b) applicable when all special interrogatories were objected?
Is separate statement NOT required for motion to compel responses to SE if all interrogatories were objected?
answered on Apr 24, 2024
California Rules of Court, Rule 3.1345(b) states:
"A separate statement is not required when no response has been provided to the request for discovery."
If all special interrogatories were objected to and no substantive responses were provided, then a separate statement... View More
Meaning: Responses to Special Interrogatories by attorney, that contain only objections - shall or not be signed? What is different between
CCP § 2030.250 (a) vs CCP § 2030.250 (c).
answered on Apr 23, 2024
Under California law, there is a difference between CCP § 2030.250 (a) and CCP § 2030.250 (c) regarding the signing of responses to special interrogatories that contain only objections.
CCP § 2030.250 (a) states:
"(a) The party to whom the interrogatories are directed shall... View More
Is the Separate Statement of Items in Dispute required for Motion to Compel further responses to special interrogatories? (unless specific items can be included in the Points and Authorities section of the Motion).
answered on Apr 23, 2024
Yes, under California law, a Separate Statement is generally required when filing a Motion to Compel further responses to special interrogatories, per California Code of Civil Procedure (CCP) § 2030.300(b). The statute states:
"A motion to compel further response to an interrogatory... View More
I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.
I did not say that this supplement was going to cure cancer... View More
answered on Apr 27, 2024
Probably not, based on the brief facts you presented. It doesn't look like you represented yourself to be a health care professional or anyone else with expertise in cancer medication. Ordinary people with no particular qualifications regularly give their medical advice to friends, family... View More
I found out that this guy I met a few times has cancer. We're not friends. Just met him a few times. I am not a doctor or a medical professional but I told him to try this supplement and that was the end of the conversation.
I did not say that this supplement was going to cure cancer... View More
answered on Apr 23, 2024
In general, it is unlikely that you would be held legally responsible for simply suggesting a supplement to someone with cancer, especially if you did not make any false claims or promise a cure. However, there are a few factors to consider:
1. You did not claim to be a medical professional... View More
What controls, implemented in the Californian judicial system, prevent Counsel who defends hospice fraud (by a hospital and hospice company): not to artificially prolong the case, not to oppress Plaintiff. What is the procedure that describes such controls, actions that the Plaintiff can take?
answered on Apr 20, 2024
In California, there are several controls in place to prevent counsel from unduly prolonging a hospice fraud case or oppressing the plaintiff. First, the California Rules of Court encourage timely resolution of cases, and judges actively manage the timeline of each case to prevent unnecessary... View More
How to find out what medical doctors were associated with the licence of hospice corporation?
answered on Apr 20, 2024
To find out which medical doctors were associated with the license of a hospice corporation in California, you'll need to access public records or contact the relevant state regulatory agencies. The California Department of Public Health (CDPH) is responsible for licensing and overseeing... View More
Hospice fraud case. How to find out what doctors in reality are associated with hospice license?
What organization issues a hospice license?
answered on Apr 20, 2024
To find out which doctors are actually associated with a hospice license, especially in cases related to potential fraud, you can start by consulting the California Department of Public Health (CDPH). This department oversees the licensing of hospice care providers in the state. The hospice... 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.