How can you Blow the Whistle and file a Qui Tam Lawsuit?
In order to bring most qui tam or whistleblower lawsuits under the law you must use private counsel. While there are some matters you can bring without a qui tam attorney, federal False Claims Act (FCA) and/or various whistleblower state laws concerning the reporting of fraud in healthcare programs like Medicare, Medicaid and/or state law health care programs generally require a whistleblower lawyer to be involved. Based on the False Claims Act and other statutes your lawsuit may be viewed as a public good and as a reward you may be eligible for roughly 15–30% of the amount the government recovers, but that will be based on a variety of factors, such as the extent of the involvement, quality of the information, and the length of time the fraud occurred without you reporting it. Further, the First to File rule means the first person to blow the whistle may be entitled to an award, but even if you’re a day late you are not entitled to anything. Before you proceed with a lawsuit, you should be aware of a few things.
1) FOCUS on what the
As any whistleblower law firm will tell you, the Department of Justice (DOJ) looks to corroborate your allegations and will consider who else can support your allegations. If there are witnesses, at some point you may share their contact information with the government. However, by contacting them yourself you run the risk of turning them into Medicare whistleblowers. If they file first, your lawsuit can be barred by False Claims Act’s “first to file” provision.
3) Try to
the EXTENT of the False Claims
5) Seek the
ADVICE of a Qui Tam Lawyer
Sometimes the Medicare fraud is so rampant that the industry treats the fraud as the norm. For example, a medical facility may consistently upcode a procedure and lead you to believe that is the acceptable industry practice. It is not! In our experience, the median medical fraud whistleblower needs to have an epiphany or show a more acute awareness towards the law and is better
educated than the average person on the street. Despite higher-than-average education, Medicare whistleblowers need to tread down this path cautiously. Extensive personal research and a reliable Medicare whistleblower law firm can help here.