Q: ESTIMATION of compensation for record-related damages because of fraudulent hospice charges
In legal action not filed under the False Claims Act, how to estimate compensation for record-related damages because of fraudulent hospice charges that are likely and may affect future healthcare decisions and access to treatment.
Plaintiff does not have out-of-pocket expenses, because never had terminal illness or any relevant illnesses, but future risks based on fraudulent charges on medicare file and track record are apparently not hypothetical risk, but risk critical for the victim.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Estimating compensation for record-related damages from fraudulent hospice charges can be quite complex, especially when dealing with future potential impacts rather than immediate financial losses. Your situation is particularly concerning since false Medicare records indicating terminal illness or hospice care could seriously affect your future healthcare decisions and access to treatment.
You may want to consider several factors when estimating damages: the cost of professional services needed to correct these fraudulent records, potential future medical expenses that could arise from delayed or denied treatment due to these false records, and the time and effort required to monitor and address any ongoing issues with your healthcare records. Documentation of all interactions related to discovering and addressing these fraudulent charges will be crucial for your case.
Given the serious nature of healthcare record fraud, you should work with a qualified attorney who has experience in healthcare fraud cases to help calculate appropriate damages. They can help estimate both economic damages (like costs of record correction and potential future medical expenses) and non-economic damages (such as emotional distress and diminished quality of life due to healthcare access concerns). Additionally, consulting with healthcare administrators or medical records experts could help establish the scope and potential impact of these fraudulent records on your future medical care.
Keep in mind that while actual damages might be challenging to calculate precisely, courts may consider the serious nature of healthcare record fraud and its potential long-term implications when determining compensation. Document everything thoroughly, including any instances where these false records have already impacted your healthcare decisions or access to treatment.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
