Ignore an Audit – Go to Jail

A physician did nothing to change billing practices, even after Medicare denied some of the physician’s remittance claims as a result of an audit.  This and other evidence helped convict the physician of Medicare fraud. In U.S. v. Uzoaga, the government asserted that the physician knowingly allowed a third party to submit fraudulent bills on […]

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Boilerplate Discovery Objections Can Harm Your Case (And Cost Your Client Money)

In Fischer v. Forrest, Judge Andrew Peck issued “a wake-up call to the Bar.”  This New York federal magistrate judge took lawyers to task for “boilerplate” discovery objections, finding them to violate the 2015 amendments to the Federal Rules of Civil Procedure in multiple ways. Discovery Responses Must Meet Minimum Standards Judge Peck identified certain […]

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Expert With No Industry Experience May Give Opinion On Failing To Meet Industry Standard

A Texas court has determined that an expert’s general experience is adequate, when the industry is not so specialized as to require specific experience, or when the general experience was applicable in the specific case. In Cura-Cruz v. CenterPoint Energy, an expert provided the opinion that CenterPoint Energy failed to meet the standard of care, […]

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