Russell Balisok
Balisok & Associates, Inc
330 North Brand Blvd
Suite 702
Glendale CA 91203
Phone: 818-550-7890
Fax: 818-550-0890
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Here are just a few of examples of our cases.
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HMO Liability - Balisok opened up new options
with this case
Cotton v. Starcare Medical Group (2010) 183 Cal. App. 4th 437
Appeals Court decided common law claims not tied
to state licensing statutes were not preempted by
the Medicare Advantage Act. The ruling in Cotton
opens the door for common law actions against Medicare
financed HMOs under common law throughout the nation.
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HMO Liability
Yarick v. PacifiCare of California (2009) 179 Cal. App. 4th 1158
Decided claims based on violations of state licensing statutes
were preempted by the Medicare Advantage Act. Later in the Cotton case above
the Appeals Court decided that claims based in common law are not prempted,
but allowed.
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HMO Liability
McCall v. PacifiCare of California (2001) 25 Cal. 4th 412
Examined whether federal Medicare law provided the exclusive
remedy to plaintiffs suing an HMO in state court under
state law, and also determined that the provider group
contracting with the HMO is liable under a non-standard
fraud theory for their failure to disclose conflict
of interest arising from a capitation arrangement.
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Beyond the $250,000 Limit
Barris v. County of Los Angeles (1999) 20 Cal. 4th 101
Examined whether California’s malpractice “reform”
laws which limit pain and suffering damages to $250,000,
should apply to claims of intentional tort (injury) or reckless
conduct.
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Elder Abuse and Dependent Adult Civil Protection Act
Delaney v. Baker (1999) 20 Cal. 4th 23
Examined the question of whether California Welfare
& Institutions Code §15657, the Elder Abuse
and Dependent Adult Civil Protection Act, applies
to actions against licensed health care providers.
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Lowering the Barriers
College Hospital v. Superior Court (1994) 8 Cal. 4th 704
Reinterpreted C.C.P. §425.13 to require only substantial
evidence, instead of “substantial probability”,
of malice, fraud or oppression, before being allowed
to plead punitive damages against a health care
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Abuse at Institutions
ARA Living Centers Pacific v. Superior Court (1993) 18 Cal. App. 4th 1556
Examined retroactive application of the remedies afforded under California Welfare &
Institutions Code §15657, which is part of legislation designed to provide a meaningful
remedy to elders and their families for abuse and neglect
Call our office at 818-550-7890, or use our Contact
Form, and tell us about your case or concern.
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Copyright ©2010 Russell Balisok, Balisok & Associates, Inc. |
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Experts in Nursing Home litigation.
Successful against HMOs and hospitals.
We are a strong advocate, on your side.
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