Physicians as Whistleblowers

Most physicians never get the opportunity to file Medicare Fraud qui tam lawsuits because they simply are not in a position to do so; most healthcare providers that physicians are employed by or come into contact with, are honest. Out of the minority of physicians who are in an opportune position, many of those simply do not have the moral outrage or personality to step forward, even if a lot of money is at the end of the path. For others, it just isn’t worth it – for many reasons. And that is their right.

Even so, those that do step forward are valued and, in the right circumstances, handsomely rewarded. Guile and concealment are at the heart of most cases of healthcare fraud. Without insiders, evidence of fraud will almost always be available only by circumstantial evidence. It is this reason why whistleblowers are so important. Whistleblowers can explain the who, what, where, and when of the alleged fraud. They also typically provide documents, and the documents may provide a smoking gun, raise a strong inference of fraud, present circumstantial evidence of wrongdoing, and/or provide important and useful background information. Often, the highly technical, or keen and specific nature of the documentation requires a physician whistleblower explanation. Physicians are also especially valuable whistleblowers as they are typically intelligent, have otherwise successful careers, and are generally treated with a great presumption of credibility.

REAL PEOPLE making real change Hospital Fraud Wins

Kathleen Hawkins

Dignity Health
$37 million

Kathleen Hawkins, RN MSN, had been employed by Defendant, Catholic Healthcare West (CHW) for approximately 6 years when she decided she had had enough of trying to change the hospital system from within.

CHW, a California not-for-profit corporation that operated hospitals in California, Arizona, and Nevada, was at the time the eighth largest hospital system in the nation and the largest not-for-profit hospital provider in California.

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Joe Strom

Johnson & Johnson
$184 Million

Joe Strom contacted us in 2005. We were very grateful that he did. We immediately formed an all-star legal team and a process to stop a very harmful pharmaceutical marketing strategy. It was this process we set into motion that ultimately returned hundreds of millions of dollars to the U.S. Treasury, and a portion of that, very well-deserved, into Joe’s bank account.

Joe told us a very troubling story about the off-label promotion of a pharmaceutical drug for patients who already suffered from chronic heart failure.

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Description
Description

“I collaborated with Nolan, Auerbach and White on a broad variety of cases where whistleblowers stepped forward to disclose tactics employed by large companies to influence physicians' medical decision-making in patient care. They and their medical consultants, have consistently leveraged biomedical research and best medical evidence to advance patient safety, optimize clinical outcomes, and control precious resource utilization.”

— Fred Polsky M.D.,, Former Medical Director, CMS Zone 7 Integrity Contractor

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