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Your current state is Ohio
The patient never made a will, nor had a POA. Her immediate family was involved throughout.
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answered on Apr 29, 2024
Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More 
He told me the case was over, but I get a letter in the mail to come to court. When I go to court the judge tell me to see if I can find a new lawyer
answered on Apr 28, 2024
It appears your attorney filed a lawsuit then left the case. Use this website to find experienced malpractice attorneys in the state where this occurred.
The attorneys will want to know:
1. The name of the doctor and the city of the practice. 2. What the doctor did wrong. 3: What... View More
He told me the case was over, but I get a letter in the mail to come to court. When I go to court the judge tell me to see if I can find a new lawyer
answered on Apr 28, 2024
Based on the the information you provided:
The Agreement between you and the attorney includes obligations for you as well as the attorney. Review that agreement and determine whether all have been met. Generally, you must provide documents, information, timely respond to questions,... View More
Hospice fraud case.
Although issue and or evidence sanctions ordinarily will not be imposed until after an offending party has disobeyed a prior discovery order, a Court may impose such sanctions where the circumstances warrant them.
Upon what circumstances
evidence,... View More
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answered on Apr 27, 2024
Under California law, evidence, issue, or terminating sanctions can be imposed even without a prior discovery order being disobeyed in certain circumstances where the discovery misconduct is particularly egregious. The key factors courts consider are:
1. The willfulness of the misconduct:... View More
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
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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
I have called several lawyers about my medical issue. All of them but one have told me that it is too hard to take a malpractice case because it's not worth it. I understand that maybe my issue was not that important to them but it is to myself and family. Everybody is willing to represent me... View More
answered on Apr 26, 2024
If "everyone/attorney" is willing to handle your case under worker's comp -- if your case occurred because you were injured while you were in the scope of your employment, then you need to ask more questions. employee compensation for injuries is covered by law that is different... 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?
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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
I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More
answered on Apr 26, 2024
In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More
At what point motion for summary judgement shall be filed In apparent hospice fraud case?
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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?
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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?
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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
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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
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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).
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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
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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?
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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).
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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
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