Private enforcement
Causes of action
What private causes of action may citizens or other private bodies bring to enforce a healthcare regulation or law?
The federal False Claims Act (31 USC section 3729, et seq) (FCA) and state law equivalents allow a private citizen (called a relator or a whistle-blower) to file suit on behalf of the United States. FCA claims typically allege that another person or entity has submitted false claims to the federal government (or state government, if the suit is filed under a state false claims provision). These suits are referred to as qui tam actions. In FCA qui tam cases, the federal government, represented by the US Department of Justice (DOJ), may decide to take over (or intervene in) the suit or decline to intervene. In the latter circumstance, the whistle-blower may still proceed to litigate the suit on behalf of the United States. In addition to intervening or declining to intervene, the United States can also move to dismiss qui tam cases. The United States may elect to dismiss a matter, for example, where it believes that a qui tam action has the potential to create undesirable legal precedent.
Framework for claims
What is the framework for claims of clinical negligence against healthcare providers?
There are no federal laws that establish the framework for a clinical negligence claim. Such claims are typically filed under state law. Each state, in turn, has its own legal framework for negligence claims, but such claims typically...
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