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healthcare defense healthcare fraud allegations divorce lawyers

July 2, 2020 Federal Criminal Attorneys

Getting married means not only agreeing to love, honor and cherish another person. A marriage is also a civil contract. Both parties share certain responsibilities and liabilities under law that they would not if they were not married. One area that can be particularly contentious in the event of a divorce are the couple’s joint finances. A young couple who have only been married for a few months will have few if any assets that must be considered if the marriage does not work out. A couple that has been together for many years will have certain issues that may take longer to untangle. Certain professions, such as law and medicine, are heavily regulated at the state and federal level. If one party is married to a medical professional, this can tempt the party into making allegations that the medical professional failed to follow necessary legal regulations in order to gain more favorable divorce terms.

Potential Allegations

There are many different kinds of allegations related to healthcare issues that one partner can make against the other. Someone might make allegations about the doctor’s conduct when on the job. For example, they might threaten to state the doctor is using drugs while on the job. Another person might state the medical professional is writing unnecessary pain medical prescriptions or taking money for agreeing to do so.

The divorcing spouse can also make allegations pertaining to the way the spouse operates their practice financially. Many doctors accept medicare and medicaid payments. These payments must follow certain regulations in order to be processed. A spouse might allege the doctor submitted false claims and stated they saw patients when they did not. The spouse might also allege the spouse actively engaged in a process designed to defraud private insurance companies. The spouse might also argue this person acted with others in their practice as a part of a formal agreement to engage in overbilling or pushing patients to care they do not need.

These kinds of allegations are very serious. Doctors agree to act in an ethical manner when they see patients. A doctor agrees to perform procedures that can only help the patient rather than hurt them. Doctors must agree to keep medical information private. These are known as HIPPA laws. A doctor is not allowed to disclose certain information about a patient without their express written consent. Doctors also need to take charge of watching all those who work with them. A doctor who does not supervise any interns or fails to teach them properly is considered to be violating many varied types of legal and moral codes.

These kinds of threats can not only cause serious legal and financial troubles for one spouse. They can also spread to the spouse’s colleagues, co-workers, subordinates and every single person who has some contact with that person. This makes allegations of healthcare fraud a serious issue that must be addressed as soon as possible. Even the suggestion of any form of impropriety while on the job can seriously damage the spouse’s professional reputation. That spouse may face problems at work and find it hard to regain the trust of their co-workers and colleagues. A spouse could begin a whispering campaign in which they speak about that person to others without making such allegations to them directly.

Formal Action

Allegations of this kind can lead to the spouse or someone at their workplace filing a report of misconduct against the physician. Various federal agencies are entrusted with following up on such allegations. They can come to the person’s workplace, speak to colleagues and indicate there might be some substance to the spouse’s claims. Even a single potential violation can have all sorts of terrible consequences for the doctor. Doctors who do not follow every single regulation regarding any form of pain medication or make any kind billing mistakes can be looking at severe penalties. They can be fined, have admitting privileges at hospitals revoked and even see their medical license suspended on a temporary or long term basis. This is why any doctor who has a spouse threatening to make such allegations should consult with a lawyer as soon as possible.

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