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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
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
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
I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.
I live in Minnesota, and just clarifying... View More
answered on May 15, 2024
You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More
I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.
I live in Minnesota, and just clarifying... View More
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answered on Jun 2, 2024
While you might have the best intentions for your senior prank, there could be legal and disciplinary consequences to consider. Accessing the school intercom system without permission is likely against school policy and could be considered unauthorized use of school property. This can result in... View More
A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?
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answered on May 15, 2024
Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:
1. Check the SSN format: Ensure that the SSN follows the correct format of... View More
CRC 3.1350 (h) define format for Separate Statement for Motion for Summary judgement.
2 columns: 1 Moving Party's Undisputed Material Facts and Supporting Evidence and 2. Opposing Party's Response and Supporting Evidence.
Does it mean that before filing Motion for... View More
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answered on May 14, 2024
No, the plaintiff (moving party) does not need to obtain the opposing party's response and supporting evidence before filing the Motion for Summary Judgment with the Separate Statement.
The process typically works as follows:
1. The moving party prepares and files their Motion... View More
What are possibilities to check for SSN?
If valid,real, and not of deceased person.
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answered on May 14, 2024
If you have concerns about the validity of your own SSN, you can contact the Social Security Administration (SSA) directly. They can help you verify your SSN and address any issues related to your Social Security account.
In general, it is crucial to protect SSNs and other personal... View More
How to ask for court order to validate authenticity of SSN?
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answered on May 14, 2024
To request a court order to validate the authenticity of a Social Security Number (SSN) in California, you will need to follow these general steps:
1. Determine the appropriate court: You will likely need to file your request with the Superior Court in the county where you reside or where... View More
Defendant committed to work on providing further responses at Meet and Confer discussion re Motion to Compel.
If substantive further responses are not provided by specified additional time due: is another Meet and Confer required by law?
What statute or rule of Court defines that?
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answered on May 14, 2024
In California, if a party has agreed to provide further responses within a specified time frame during a meet and confer discussion regarding a motion to compel, and the party fails to provide substantive further responses by the agreed-upon deadline, another meet and confer is not explicitly... View More
Targeted for total body biometric data theft, hurt and injured. State of California Privacy Law Loophole permitted harm.
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answered on May 13, 2024
Under California law, you have rights and protections against unauthorized collection and use of your biometric data. The California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) provide strong privacy protections, including the right to know what personal information is... View More
My brother got pulled over for his tint (too dark), they called a k9 for an air sniff, got a hit. Nothing in the car but he has 900g of ice on his person which they found after the car was searched bc the dog got a hit off him I’m guessing?? Ik it’s pretty bleak I’m just trying to get an idea... View More
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answered on May 13, 2024
Drug trafficking cases certainly are serious, but very complex. So, there is much to challenge. That’s why it’s important to work with the right lawyer early to review the entire case and give the best advice. If it was a reactive stop (actually because of the tint), one potential issue is... View More
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answered on May 11, 2024
No, it is not legal for your mother-in-law to make copies of your tax return without your consent. Tax returns contain sensitive personal and financial information, and copying them without permission could be considered a violation of privacy and potentially identity theft.
Here are a few... View More
My partner was denied to buy a gun in a federal background check for unknown reasons. He’s a permanent resident and not a felon and his background should be clean. He already owns a gun that was a gift from a friend. Is it legal for him to carry it?
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answered on May 10, 2024
There can be a lot of different reasons your partner was denied the gun purchase by the Federal background check. Those checks are done in an inconsistent basis and can be political in nature. He may have a name that is the same as a person who is a felon or has pending criminal charges. There can... View More
My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.
answered on May 9, 2024
A defendant could legally spend the remaining term of their probation incarcerated, though that rarely happens. Probation doesnt usually speak to family or friends. If he can somehow get Probation to agree to a stipulation that will reinstate his probation or terminate his case then he can be... View More
My boyfriend was arrested on 05/03/2024 and he was sent to Clayton County Jail but I bonded him out on 05/06/2024. He was then sent to Henry County Jail. I have been trying to contact his probation officer but she hasn't been answering my phone calls or emails.
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answered on May 9, 2024
Potentially, on a second probation violation, a probationer could have the balance of whatever is left on the probated sentence revoked. Depending on how long is left on the sentence, that could be weeks or months. What is alleged to have occurred that violated probation is also a factor. It is not... View More
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