Q: Adding Medicare FCA claim - qui tam under seal in CA superior court. Question.

A: Adding a Medicare False Claims Act (FCA) qui tam claim to an existing medical malpractice case in California Superior Court involves a distinct legal process. Qui tam claims under the FCA are federal claims, and they must be filed under seal, meaning they are not accessible to the public initially. This process allows the federal government to investigate the allegations confidentially.

To add a qui tam claim to your current case, you would need to draft a new complaint specifically outlining the FCA violations related to Medicare fraud. This complaint is filed separately from your medical malpractice case. It is important to note that while both cases might involve similar facts or parties, they are distinct in their legal basis and the remedies they seek.

Reclassifying a medical malpractice case as an FCA violation is not straightforward. Medical malpractice typically addresses negligence or misconduct in the provision of medical services to a patient, resulting in harm. On the other hand, an FCA violation focuses on fraud against the government, such as knowingly submitting false claims to Medicare for financial gain.

Given the complexity of FCA litigation and the significant differences between medical malpractice and FCA claims, it's advisable to seek guidance from an attorney experienced in federal qui tam litigation. They can help navigate the procedural requirements and strategize the best approach for incorporating an FCA claim into your legal proceedings. Remember, navigating these two legal areas requires careful handling to ensure that each claim is appropriately presented and pursued.