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What Makes For Successful Qui Tam Cases?

Qui tam is a civil action lawsuit that allows a knowledgeable person or entity to sue another party who committed fraud against the government, on behalf of the United States Government if they have evidence and reason to believe such wrongdoing occurred.

It is one of the most effective anti-fraud laws, substantially growing in cases each year. In 2021, 598 qui tam suits were filed.

While qui tam allows for “realtors”, those with direct and independent knowledge to bring forth a case, is it always in the best interest of an individual to get involved? Many employees, contractors, or competitors may be hesitant or uncertain about their involvement due to fear of retaliation.

Read further on what makes up successful qui tam cases and how to go about filing one.

Factors to Consider

The first and most important consideration is if you even have proper grounds to file a complaint. Successful qui tam cases must be supported by relevant, clear, and timely evidence from a party directly involved with the alleged defendant. Matters that are of public knowledge do not qualify as means for a case.

Other success factors to consider include:

1. Acting Quickly: The law holds that the first-to-file a claim is the case that is proceeded with. If you do not act first, or bring about the same materials after the matter, your case will be dismissed so it is important to file as soon as you have proper evidence.
2. Upholding Confidentiality: Qui tam cases are under seal, forbidding discussion of the matter outside of your attorney to make certain the investigation can be fully and privately conducted.
3. Prepared for Any Outcome: While the government may allow a private relator to pursue the claim on their behalf, they may intervene from the beginning or at any time, meaning you may not always seek as large of rewards. There is also always the possibility of losing a case.
4. Having Patience: Successful qui tam cases may extend over a long period of time due to the complexity of the investigation and litigation processes. While a lengthy process is not abnormal, some individuals may feel more overwhelmed or defeated.

Most importantly when filing a qui tam claim, is feeling confident and comfortable. While your rights are protected regardless of the outcome, each individual must decide if getting involved is the right move for them and understand their identity can be shared during the trial.

Qui Tam Lawyers and Their Role

Like any lawsuit, hiring the right team of attorneys will help you win your case. Qui tam lawyers understand that the protection of their clients is of the utmost importance and will make sure that proper procedures are followed to maintain privacy and confidentiality.

Qui tam lawyers file the case on the relator’s behalf and provide the appropriate documentation of the alleged fraud. Once you have considered the above factors and established grounds for a successful case, start contacting qui tam lawyers immediately so they can begin the filing process. If for any reason, your case does not meet certain criteria or lacks sufficient evidence, your attorney will inform you to ensure you do not file a falsified claim.

Successful qui tam cases fall heavily on the quality of attorneys, as their guidance helps determine the payout.

Depending on the type of case, you may seek counsel from a more specialized practice such as healthcare qui tam attorneys for cases involving hospice billing fraud, or other parallel fraudulent actions occurring in healthcare facilities. Do your research on qui tam lawyers to understand who can best represent your case.

Fenton’s Team of Healthcare Qui Tam Attorneys

Fenton Jurkowitz Law Group has over 30 years of experience and is one of the nation’s leading healthcare law firms. Its healthcare qui tam attorneys have proven results in False Claims Act cases and a thorough understanding of Medicare fraud, allowing them to ensure successful qui tam cases.

If you have witnessed another direct entity take part in fraudulent behavior, message us or call us for a consultation on your case.