Falsifying Records and Test Results

When a medical professional is accused of falsifying records and test results, it is a serious matter. Allegations of this type could lead to civil liability and criminal penalties. Perhaps just as significant is the potential damage to a provider's professional reputation.

A Michigan falsifying records and test results lawyer may be able to help you combat such allegations. Once you retain a healthcare fraud attorney who knows how to handle these types of issues, your hard-working legal advocate can fight to defend your rights and help you move forward toward a positive case result.

Doctors accused of altering their records face several potential unwanted consequences. Since falsifying records is a federal offense, those found to have engaged in such behavior may be subject to criminal penalties that include imprisonment and heavy fines.

Falsification of records could also give rise to civil liability in either a fraud scenario or medical malpractice case. Moreover, insurance providers may impose their own consequences in situations where a doctor is alleged to have falsified records. A well-practiced Michigan attorney could explain which potential penalties a defendant may face for allegations of falsifying records and test results.

Falsifying records and test results could be considered criminally fraudulent activity under federal law. 18 U.S.C. §1347 contains a broad prohibition against healthcare fraud that could be interpreted to cover a wide range of conduct.

Specifically, the statute penalizes those who engage in a scheme to defraud any healthcare benefit program or obtain payment from a healthcare benefit program through fraudulent means. While this activity must be executed or attempted "knowingly and willfully" to constitute a violation, a person does not need to be acting with intent to violate the statute to be found guilty. Penalties include up to ten years in prison, or even more if a death resulted from the fraud.

Also, making a false statement in connection with receiving payments under a federal healthcare program such as Medicare is also prohibited by 42 U.S.C. §1320a-7b. Potential penalties for this offense are similar to those for basic healthcare fraud, potentially underscoring the need for representation from a Michigan attorney familiar with cases involving falsifying records and test results.

Under the federal False Claims Act, which is codified starting at 31 U.S.C. §3729, a doctor or other medical provider found to have falsified test results or records may also be required to pay thousands of dollars in civil penalties. Specifically, this act provides for liability when a person "knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim."

Actions under the False Claims Act may be brought in Michigan by either the government or individuals—alongside knowledgeable lawyers acting in a whistleblowing capacity. This is often referred to as a "qui tam" suit.

It is relatively easy for someone to allege that medical records or test results have been falsified. An alteration could be something as simple as a brief notation in a margin that the allegedly fraudulent party claims were added later. The right evidence may prove crucial to a successful defense against allegations of falsifying records.

Consequently, it may be helpful to contact a Michigan falsifying records and test results lawyer as soon as possible, so they can begin collecting and preserving vital evidence right away to build a strong defense. Call today to learn more about how a dedicated medical fraud defense attorney might make a difference in your case.