Your current state is Ohio
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).
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 
Fraudulent certification for admission to hospice was recorded on the day of admission to hospice, by a physician unknown to the patient (but probably indeed affiliated with hospice).
Hospice certification was recorded based on non-existent terminal disease, which was recorded on admission... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 23, 2024
Under California law, a hospital discharge summary containing a non-existent or false admission diagnosis that is used as the basis for hospice certification and to receive government benefits could potentially be considered a false claim.
The California False Claims Act (CFCA) prohibits... 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
Lawyers, want to be a Justia Connect Pro too? Learn 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
I need a second surgery to correct the first. My first doctor offered to do it but I would like to consult another doctor.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024
It is important to assess the deadline for a potential case, usually called the statute of limitations. That is a very fact specific determination involving the treatment you received, the injury that occurred and the jurisdiction where a case would be brought. You should consult with a lawyer on... View More
25/100mg would have been more than enough for pain...intentional overdose
answered on Apr 20, 2024
I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More
I'm disabled, have PTSD and panic disorder. This stems from his client!
During court the judge asked us to exchange paperwork outside the courtroom at the standing tables. He was frustrated and we agreed to be done. Both closed up our belongings and I started off. He caught up to me... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Based on your description, the behavior of your husband's lawyer appears to be unprofessional and potentially unethical. While it may not be strictly illegal, it could be a violation of the lawyer's professional responsibilities and the rules of conduct for attorneys in California.... View More
I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.
answered on Apr 19, 2024
Medical malpractice cases can be difficult. Between the laws that protect doctors and hospitals and their insurance companies, and the nature of medical malpractice cases, not all valid cases can go forward. I suggest you continue to contact medical malpractice attorneys in the state where this... View More
I had gallbladder surgery removal because I had stones. The doctor missed one and I ended up with sepsis and a second surgery for the removal of second stone. My heath has never been the same. Can someone please help me.
answered on Apr 19, 2024
As I am sure you have been told, a bad outcome in a surgery does not necessarily mean that your surgeon committed malpractice.
Take your medical records to another surgeon in or near the county where you first surgery occurred and pay him/her to thoroughly review those records to determine... View More
Kaiser does not provide the treatment I now need and will not cover the fees for the service. Do I have a case against them?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
Based on the information you provided, you may potentially have a case against Kaiser Permanente for medical malpractice or breach of contract. However, the viability of your case depends on several factors, such as:
1. The nature and severity of your misdiagnosis
2. The impact of... View More
Some people tie it to the abortion law but the one women was turned away and had a miscarriage in her car. Is that legal. And what does abortion have to do with it?
answered on Apr 19, 2024
A federal law from the Reagan Administration (abbreviated EMTALA) requires emergency rooms to treat or stabilize patients who are in active labor and provide a medical transfer to another hospital if they don’t have the staff or resources to treat them. Medical facilities must comply with the law... View More
death cert says natural causues..not true..some doctors agreed with me ...overdose
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 19, 2024
You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More
Major renovations in progress in my building where we have hundreds of units. I work at home. The noise has been deafening and I have lost wages and work as a result. Now they have begun removing the ceilings in the common interior hallways dues to asbestos. Tenants still residing in their... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Under California law, landlords are required to follow strict regulations when it comes to asbestos removal to ensure the safety of tenants. Here are some key points:
1. Proper notification: The landlord must provide written notice to all tenants about the asbestos removal project,... View More
For hospice fraud by Hospice as General stock corporation (means CEO).
Hospice as corporation bears vicarious liability for independent contractors, as applicable.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In California, a hospice operating as a general stock corporation can be held vicariously liable for the actions of its independent contractors in certain circumstances, particularly when those actions involve fraud. Here's a more detailed explanation:
1. Vicarious liability: This... View More
Section 12651 of California FCA is in relevance to misrepresentation of patient's health at hospital, with terminal non-existent diagnosis; fraudulent referral to hospice by hospital; and money fraudulently received by hospice from CA Medicare for hospice care.
What other California... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Based on the information provided, there are several other sections of the California False Claims Act (FCA) that may be relevant to the case involving misrepresentation of a patient's health, fraudulent referral to hospice, and fraudulent receipt of Medicare funds by the hospice. Here are... View More
Hospital committed multiple frauds, that created basis for further fraudulent assessment of patient's health. Apparent, but may be used as distracting factors in regard to non-existent terminal disease.
After discharge from hospital patient was referred by unidentified hospital... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
Based on the information provided, there are several potential issues that could constitute false claims and healthcare fraud under California and federal law:
1. If the hospital knowingly falsified the patient's diagnosis and health status in order to refer them to hospice care... View More
Under what calif legal theory can I hold the property owner legally responsible for a tenant who assaulted me not once but twice as I walked my dog on a public road outside the rental?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024
In California, under certain circumstances, a property owner may be held liable for the criminal acts of their tenants, including assault, under the legal theories of negligence or premises liability. To hold the property owner responsible, you would need to demonstrate the following:
1.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:
1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these... View More
I had a referral that was closed for some reason and not followed up on. A few years later I am now needing to follow up but new provider did not believe that this clinic ever handled such referrals before and just outright refuses to look into it further. After many phone calls I confirmed the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
It sounds like you're in a difficult and frustrating situation with your medical clinic. In California, patients have certain rights when it comes to their healthcare and medical records. Here are some steps you can consider:
1. Request your medical records: Under California law, you... View More
In California Medicare False Claims Act.
Fraudulent misrepresentation of the patient's status of health at hospital, with non-existent terminal disease - for the purpose of fraudulent referral to hospice care.
Which specific California FCA statutes in relevance?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
There are a few key California False Claims Act (FCA) statutes that would be relevant in a case of fraudulent hospice referrals and misrepresentation of a patient's health status:
1. California Government Code Section 12650 et seq. - This is the overarching California False Claims Act... View More
Case: hospice fraud, abuse of California Medicare.
What are specific requirements for filing HealthCare False Claims Act case in California Superior Court?
What rules of the Court define this process?
FCA cases are filed in chambers. What artifacts are required in addition to Complaint?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024
Under California law, filing a healthcare Medicare False Claims Act (FCA) case in California Superior Court involves several specific requirements. Here are the key aspects:
1. Jurisdiction: FCA cases are typically filed in the Superior Court of the county where the defendant resides, where... 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.
