When facing allegations of medical fraud, hiring the right attorney to help you navigate the legal system is critical. Medical fraud attorneys in Houston are highly experienced and skilled in handling cases related to healthcare fraud. These lawyers have extensive knowledge of the regulations and laws surrounding medical fraud and can provide invaluable legal guidance and representation. Here are things you can expect when hiring a medical fraud attorney.
What to Expect When Hiring Medical Fraud Attorneys in Houston, TX
Knowledge of Regulations
You should hire a lawyer who deeply understands all state laws against healthcare fraud, such as the Texas False Claims Act (FCA) and the Texas Medicaid Fraud Prevention Act (TMFPA). An experienced attorney has likely handled cases that closely resemble yours and knows how to approach your case with proven strategies.
Moreover, a skilled medical fraud attorney should be familiar with other applicable laws that prohibit the solicitation of patients, such as the Stark Law or Texas Anti-Kickback Statute, and how such laws may intersect with your case. By being well-versed in these regulations, your attorney can effectively defend your rights while increasing the odds of achieving a positive outcome.
Lawyer’s Availability
Availability goes beyond a lawyer being accessible via email or phone. A truly available lawyer should be able to respond swiftly to any urgent requests or emergencies. There are instances where you might need an attorney urgently, such as when you receive a subpoena. Also, if your medical license is in danger of being revoked, you will need a lawyer who can act quickly to prevent this from happening.
To determine an attorney’s availability, you should ask questions such as:
- What is your response time for urgent legal matters?
- How do you prefer to communicate with clients (email, phone, text, etc.)?
- Do you have colleagues who can assist you in case of an emergency?
Due Diligence
Due diligence includes prompt delivery of pleadings and motions to the court, as well as the timely filing of legal documents before statutory deadlines. The timely delivery of pleadings and motions can significantly affect the outcome of a case, as it allows both parties enough time to prepare and present their arguments thoroughly.
Filing legal documents before statutory deadlines is also crucial. These deadlines are set by the court, and if missed, can lead to unexpected consequences, such as missed opportunities to present arguments. A competent lawyer understands the significance of meeting legal deadlines and will ensure all necessary documents are filed on time.
Confidentiality of Information
Under the attorney-client privilege, any communication between the lawyer and the client is legally protected, and the lawyer cannot be forced to testify against you in court. This privilege, therefore, allows you to be open and honest with your lawyer, which ultimately benefits the success of your case.
Additionally, lawyers are obligated to protect your privacy. For example, if you share sensitive details with your lawyer, they should not disclose this information to anyone without your permission.
A Strong Defense Strategy
Each case is unique, and your lawyer will know the best strategy to use in your particular case. However, there are some general types of defense strategies that are commonly used in medical fraud cases. First, you can argue that you had no intention of committing fraud or were unaware that your actions could be considered fraudulent.
Secondly, you can argue that there is a lack of evidence. Your legal representative may advise you to adopt this strategy if the prosecution does not have enough evidence to prove your guilt. Lastly, entrapment can also be a viable legal defense against healthcare fraud. This defense is based on the idea that you committed the crime only because law enforcement officials coerced you into committing a crime you would not otherwise have committed.
A Network of Resources
When facing a medical fraud case, it’s essential to hire a lawyer who has a vast network of resources at their disposal. Good medical fraud attorneys in Houston have connections that can significantly benefit your case. By knowing those involved in the legal system, for example, your attorney can anticipate the actions of the opposing side and develop a winning strategy.
For instance, the lawyer may be familiar with a judge’s previous rulings, tendencies, and biases, which the defense team can leverage to your advantage. Also, having a rapport with a court clerk can expedite communication and paperwork and help your case progress more efficiently. For more information, click here.
When hiring medical fraud attorneys, you should expect your legal representative to be always available, have a network of resources they can tap into, uphold the confidentiality of information, and build a strong defense. Additionally, an expert attorney understands the complexities of healthcare fraud cases and has the requisite legal knowledge and experience to protect your rights.
