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This woman literally sends some sort of notice or request to the county attorney, while listing the parties in reference as (name of parent 1) VS (name of parent 2)? Although the complainant isn't "parent 1", although that's the implication. These papers forwarded from her and... View More 
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answered on May 24, 2024
In Kentucky, there are ethical and legal concerns regarding an individual holding positions in both the child support office and the local detention center simultaneously. This situation can create a conflict of interest and potentially an abuse of power. The ability to influence both the... View More
Defendant can bring up testimonies of thousand interdependent witnesses that plaintiff has been more likely dead than alive.
Would it be preponderant against plaintiff's allegations of most likely alive?
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answered on May 23, 2024
In California, the standard of proof in civil cases is "preponderance of the evidence." This means that the party with the burden of proof must present evidence that is more likely to be true than not true. In other words, if the evidence presented by the plaintiff and the defendant are... View More
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?
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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
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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
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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
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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
answered on May 20, 2024
There are three broad ways that a person can challenge a federal conviction, but none of those may apply to this situation.
First is the most common and widely understood--the person may appeal his/her conviction to the Court of Appeals. (And in rare circumstances, may appeal from there to... 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
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?
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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
".. if you are filing a complaint for someone else" OCR/HHS required documentation, once I proved heir at law, I'm filing on both our behalf, the issue became; "The consent form authorizes OCR to release the aggrieved party’s name to the entity under investigation and to... View More
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answered on May 19, 2024
The OCR/HHS consent form is designed to ensure transparency and legal compliance during an investigation. When filing a complaint on behalf of someone else, the form allows the agency to obtain necessary information about the aggrieved party's situation. This process is critical for a thorough... View More
The Court finds that the next of kin has a federally protected constitutional right to a deceased body for final disposition, grounded in the Fourteenth Amendment Due Process Clause. That right is clearly established. What is meant by "because this is a federal cause of action, it is not... View More
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answered on May 19, 2024
When a federal cause of action is involved, it typically means that the issue at hand is governed by federal law rather than state law. In this context, the court is addressing a constitutional right protected under federal law, specifically the Fourteenth Amendment's Due Process Clause. Since... 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.
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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.
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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
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
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
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
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)
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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
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