Ask a Question

Get free answers to your Medical Malpractice legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Medical Malpractice Questions & Answers
1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: What are common law fraud statutes?

What are common law fraud statutes?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Impact analysis

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.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Based on what definition, criteria hospice fraud can be deemed complex case?

Based on what definition, criteria hospice fraud can be deemed complex case?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Plaintiff's First Amended Complaint had actually to be Notice of Errata

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What common law statutes define hospice fraud?

What common law statutes define hospice fraud?

John Rajaee
John Rajaee pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for California on
Q: What common law statutes define hospice fraud?

What common law statutes define hospice fraud?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Pros and cons of motion for summary judgement

Pros and cons of motion for summary judgement by plaintiff in medical malpractice case with focus on hospice fraud

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Hospice fraud litigation options

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: What statutes define liability for improper referrals in such approach?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Medical Malpractice, Federal Crimes and Health Care Law for California on
Q: Hospice fraud in medical malpractice case vs in CFCA case

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Medical Malpractice and Personal Injury for California on
Q: Early 1996, I suffered medical malpractice that caused a nervous breakdown and severe fibromyalgia ever since. Sue HMO?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: What is the role of torts law in litigation?

What is the role of torts law in litigation?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: Authorities ? - layperson knowledge of apparent fraud. Evidences exist. Expert testimony not required.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: What liability theories and statutes are in relevance?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Where exactly and how causes of action listed in complaint, are references in MSJ?

Where exactly and how causes of action listed in complaint, are referenced in MSJ and how?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Health Care Law and Medical Malpractice for California on
Q: Synchronization of cause of action and evidences for MSJ

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2024

You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Gail N. Friend
Gail N. Friend
answered on May 17, 2024

Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where... View More

View More Answers

1 Answer | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: legal theories behind misrepresentation of patient's health; hospice fraud

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?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Federal Crimes, Health Care Law and Medical Malpractice for California on
Q: legal theories that define liability for fraud in healthcare

What legal theories define liability for fraud in healthcare?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.