What to Do If Your Doctor Orders Unnecessary Tests But what happens when doctors order tests that aren’t actually necessary or appropriate? If you suspect that a doctor or other healthcare professional ordered unnecessary tests when diagnosing or treating you, it’s important that you take steps to understand your rights and have your voice heard
Civil Division | Fraud Section Practice Areas Enacted in 1989, as a result of the Savings and Loan Crisis, FIRREA authorizes the Department of Justice to recover civil money penalties for violations of certain predicate criminal statutes
Can I sue my doctor for medically unnecessary tests? You can hold your doctor liable for medical malpractice if they fail to properly inform you of the need for the test and the procedures involved Your doctor is negligent if they don’t obtain your valid informed consent for any procedure, not just testing
What to Do If Your Doctor Orders Unnecessary Tests For situations involving patterns of unnecessary testing or perceived ethical misconduct, patients have options for formal recourse A complaint can be filed with the state medical board, which licenses and disciplines physicians
Misdiagnosis, Failure to Diagnose Related Legal Claims This is often established through the testimony of expert witnesses—other medical professionals in the same specialty who can attest to what a reasonably prudent doctor would have done Examples of a breach of duty include: Failing to order necessary diagnostic tests Misinterpreting test results
Can a Doctor Order Tests Without Your Permission? Conducting medical tests without consent can expose healthcare providers to various legal liabilities These actions may be viewed as a violation of a patient’s rights and could potentially lead to civil lawsuits or disciplinary actions from state medical boards
Informed Consent and Unauthorized Treatment - FindLaw If a doctor fails to get informed consent for non-emergency treatment, they may be charged with a civil offense, like gross negligence, and a criminal offense Charges can include battery
FCA Violations That Will Be Prosecuted: Medically Unnecessary Services False Claims Act (FCA) violations can derail your medical practice Filing false claims with Medicare or Medicaid can lead to massive civil fines, including up to three times the loss caused to the program on top of $11,000 per false claim filed
Lab Kickbacks Unnecessary Testing | Jeff Newman Law In many cases, lab companies enable their frauds by paying kickbacks to physicians who then agree to send samples to the labs for unnecessary or excessive testing
Understanding Stark Law and Its Impact on Physician Office Labs The Stark Law was initially enacted to eliminate financial incentives for physicians to order unnecessary tests The Stark Law is a strict liability statute, meaning that if you fail to meet an exception you have violated the law, even if you did not know or intend to violate it