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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87035
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am a Patient Rights Advocate with complaints against the

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I am a Patient Rights Advocate with complaints against the State of Virginia for discrimination against my patient rights, my civil rights, and my human rights to due process of the law, equality before the law, unfair and one-sided investigations, and denying me my right to take my case before an impartial tribunal. The Department of Health Professions and the Department of Licensure and Certification were my judge and jury -- their word was law; their word was final. I had nowhere to go to preset my evidence.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Can you please tell me:

1) When did this/these administrative hearing(s) occur; and
2) Briefly, what did you allege?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.


Hospital stay was in October 2010. Complaints were made approximately between March 2011 and July 2011 to the Virginia Department of Health with request for investigations for the hospital personnel and the hospital facility. Complaints included negligence, falsifying medical records, making false statements to the investigators. Later complaints were made to HIPAA about fraudulent statements on the medical records and complaints to Medicare claiming Medicare Fraud. State investigators refused to interview me and my husband and refused to interview our witnesses.

Expert:  Ely replied 1 year ago.
Joan,

Thank you for your clarification. Is there a reason why you did not file as a Plaintiff in a Court of law if these actions had injured you?
Customer: replied 1 year ago.

We consulted several lawyers and we were told we did not have a case because there was no malpractice involved. As the case evolved, we now believe we have a case but do not know how to proceed. Medicare is investigating the Medicare Fraud and also HIPAA is investigating the false statements made on the medical records. These are still under investigation and we have heard nothing for over a year. The issue now is discrimination against patients to their right to due process of the law. Patients are not allowed their constitutional right to due process of the law unless it involves malpractice. I need to know what kind of attorney would handle this case.

Expert:  Ely replied 1 year ago.
Joan,

Thank you for your clarification. Originally - when this matter happened - you may have had a case for medical malpractice and fraud.

In medical malpractice cases, as in other negligence actions, the plaintiff must establish not only that the defendant violated the applicable standard of care, and was therefore negligent, he must also sustain the burden of showing that the negligent acts constituted a proximate cause of the injury or death. Brown v. Koulizakis, 331 SE 2d 440 - Va: Supreme Court 1985.

The elements of actual fraud are: (1) a false representation, (2) of a material fact, (3) made intentionally and knowingly, (4) with intent to mislead, (5) reliance by the party misled, and (6) resulting damage to the party misled. Chandler v. Satchell, 160 Va. 160, 171-72, 168 S.E. 744, 748 (1933); Moore v. Gregory, 146 Va. 504, 523, 131 S.E. 692, 697 (1925).

However, you are out of statute of limitations for medical malpractice, which is TWO YEARS from the time of occurrence (Va. Code Ann. §§ 8.01-230 and 8.01-243(A)) and fraud, which is TWO YEARS as well (§8.01-243(A)).

As such, I am afraid you likely cannot sue for the actions. However, you have the OPTION of appealing the administrative decisions of the state agencies to the Court via a Writ of Mandamus. Essentially, the Court has the ability to review a state agency's decision to confirm that they are doing what they are mandated to do. The problem is that the Court may then kick the matter back to the state agencies and the entities/individuals responsible may be punished via administrative means, but the Writ in the end would still not bring you a monetary judgment, I am afraid.

I need to know what kind of attorney would handle this case.

May I recommend the Virginia Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP. You would need to ask for someone who works with ADMINISTRATIVE HEARINGS.

Best of luck.

Surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.


Yes, now that I look back on the situation I believe we had a good case for fraud. I do not believe we had a case for malpractice because there was no lasting damage to my husband other than emotional. We were given very bad advise by several lawyers we consulted. Can you give me any advice on a patient's right to due process of law? We were not in this for any monetary settlements. We are looking for justice and truth. The legal system is broken when it comes to patient's rights. There are no laws to protect patients and no way to enforce a patient's rights unless you can prove fraud or medical malpractice.

Expert:  Ely replied 1 year ago.
Jaon,

I understand.

Can you give me any advice on a patient's right to due process of law?

Well, this is a rather open-ended question. A lot has been discussed about a patient's "bill of rights," and special rights, etc. But honestly - in reality - a patient has no more or less equal right to seek relief under the law than any other (harmed) party, as in someone who was harmed by a contract, etc. The legal system treats a mistreated patient very much like they would any other party to a case.

So you in the end have to resources:
1) File suit (which may no longer be possible due to the statute of limitations) and/or
2) Pursue administrative complaint(s), which we touched base on.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87035
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 9 other Legal Specialists are ready to help you
Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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