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Elder abuse: Mis-uses of Winn v. Pioneer Medical Group, Inc.

Web2018 April. In Winn v.Pioneer Medical Group, the California Supreme Court confronted the question of whether a defendant medical group could be held liable for “neglect” under …

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Defense mental exams and plaintiff’s psychiatric diagnosis

WebGood cause for a defense mental examination requires a two-step proof. First, plaintiff’s mental condition must be in controversy. Second, there must be a demonstration of …

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Expediting trial through motions for preference

WebIn almost all civil cases, preference means that the case must be set for a trial date no more than 120 days from the date of granting the motion. (§ 36(f).) If the action is based on a …

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Medical liens: Necessary evil or litigation advantage

WebThe main advantage for doctors and other providers to treat on a lien basis is they are able to bill at the “usual and customary” rate, which is almost always higher than the …

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Protecting the plaintiff’s eligibility for Medicare, Medi-Cal and SSI

Web2013 January. Plaintiffs often come to litigation while receiving public benefits such as Medi-Cal and/or Supplemental Security Income (SSI), while others become eligible as a direct …

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The medical-emergency defense

WebThe medical-emergency defense. Defendants try to avoid liability by claiming a “medical emergency” caused them to lose control. Brian J. Panish. David Rudorfer. 2016 May. As …

Category: Medical Go Health

The cost of future medical care and Cuevas

WebFor example, Roughan found that Kaiser payments, while in a wide range, would pay up to 95.10 percent of the amounts charged for some services; while Blue Shield payments …

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Medi-Cal lien resolution

Web2018 April. If you practice personal injury law in California, it is only a matter of time before you will have to deal with a Medi-Cal lien. Over 13 million people – one of every three …

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Protecting your client’s privacy

WebArticle 1 of the California Constitution provides that “all people are by nature free and independent and have inalienable rights, among which is pursuing and obtaining …

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Damages in medical-malpractice cases under MICRA

WebBruce Fagel. 2013 March. The evaluation of damages in a medical-malpractice case starts with the initial evaluation and decision to accept the case. MICRA has created two …

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Pursuing insurance agents and brokers for professional negligence

WebHeather M. McKeon. 2016 July. Insurance agents and insurance brokers can be held accountable for performing their professional duties negligently, but only in limited …

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Unrelated medical issues can hurt your case

WebA personal injury case is usually built on the medicine. The plaintiff must prove that he or she has bodily injuries that were caused by defendant’s negligent conduct. Evidence of …

Category: Medicine Go Health

Get out of the hole with “The Make Whole Rule”

WebGet out of the hole with “The Make Whole Rule”. Minimizing reimbursements by your client to insurers who paid claims under health insurance or auto policy medical benefits. …

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Med-pay lien claims

Web2020 March. Lien reimbursement provisions contained in automobile policies are commonly referred to as “med-pay” liens. These liens are contractual provisions requiring …

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Unrelated medical issues can hurt your case

WebHowever, there are typically some marginally related or unrelated medical issues in these records. These can include injuries to other parts of the body, or injuries to the same …

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Calculating Medi-Cal’s reimbursement rights under Ahlborn

WebThe Department of Health Services typically asserts a lien in the amount it claims it paid in benefits. By calculating the amount of the settlement divided by the value of plaintiff’s …

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The bizarre world of hospital liens under Parnell , Howell and …

WebJoel Parnell, a taxicab passenger injured in a vehicle collision, sought treatment from San Joaquin Community Hospital (operated and owned by Adventist Health System West). …

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ERISA: Highlights of recent notable cases

Web2019 September. The Employee Retirement Income Security Act of 1974 (“ERISA”) is a federal law that governs most employer-provided benefits in the private sector. Below is …

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Sexual assault of hospital patients

WebArthur S. Shorr. Arthur S. Shorr has consulted and/or testified in more than 50 hospital-sexual-assault cases over the past 20 years. He is president of Arthur S. Shorr & …

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