How We Build Lack Of Intent And Insufficient Evidence Defenses
Facing a qui tam lawsuit requires building a defense you can trust and put all your weight behind. With more than 100 years of combined experience in healthcare law and especially qui tam defense, we can help you craft the right defense for your company.
At Kennedy Attorneys & Counselors at Law, our work for clients in Dallas facing qui tam lawsuits revolves around using the real facts of the case to defend our clients. In the healthcare industry, there is often a lot of confusion about in-the-moment choices and that can create confusion, which is essential to building your defensive strategy.
Strategic Advantages Of A Lack Of Intent Defense
40% of the cases we defend against hinge on the concept of intent to commit fraud, meaning the prosecutors have to put all their eggs in that basket. However, “knowing intent” is extremely hard to come by in cases of healthcare fraud because the guidelines and needs of medical billing, coding and clinical documentation are so convoluted and complex.
Statistical billing anomalies, complex coding mistakes or missing paperwork do not constitute criminal fraud. In order for prosecutors to make the case that they do, they have to find the smoking gun of your intent, which requires insider information or your cooperation. An early prevention effort and thorough internal investigation coupled with strong defense can make intent extremely hard to prove.
When An Insufficient Evidence Defense Is Appropriate
Federal prosecutors seeking to build their case against you under the False Claims Act or healthcare fraud statutes are under heavy evidentiary burdens. As founder Mark S. Kennedy is a former HHS assistant regional counsel, he brings immense insight into those burdens and how prosecutors build their cases. That makes us well suited to use that information to fight back and even the playing field.
Early in the discovery process, we will review the case against your company and, when it is feasible, pursue motions to dismiss based on insufficient evidence. We do not stand for prosecutorial fishing expeditions seeking to undermine and threaten our clients. We take an immediate stand against such actions and make sure your company’s name is not dragged through the public wringer.
Why Rely On Kennedy Attorneys & Counselors at Law
We take a proactive approach to your defense using medical experts and defense affidavits early in the administrative process to stop federal investigations early. We work this hard because we understand that our clients are under unique stress. Doctors, nurses and healthcare workers of all types live with the daily stress that a missed keystroke can put them in front of a judge.
We are aggressive, proactive and thorough in your defense because you need the coverage to be able to do the work you need to do. If you’re facing any healthcare fraud litigation, reach out to us at 945-218-2698 or send an email using this form.