Healthcare Risk Management – August 1, 2025

DOJ Targeting Healthcare for False Claims Act Enforcement

Federal regulators and law enforcement are looking hard at healthcare organizations for False Claims Act (FCA) violations at the same time other sectors are enjoying less scrutiny. Healthcare leaders should take a hard look at their compliance programs to ensure they are doing all they can to avoid FCA enforcement actions.

The Evolution of the False Claims Act

Waste, fraud, and abuse have plagued the United States government for more than 150 years.

Misuse of Opioids Leading to More Fraud Investigations

Opioid-related fraud litigation is a trend continuing to gain momentum in FCA enforcement.

AI Becoming New Threat to Data Security

The increasing use of artificial intelligence is posing a new type of threat to the security of patient data and financial information.

Telehealth Requires Scrutiny on Standard of Care

Healthcare organizations continue to face potential liability from telehealth issues and must take steps to ensure patients receive quality care no matter the method of delivery.

Failure to Match Board Certifications Leads to Malpractice Case Dismissal

In a medical malpractice case, an appellate court affirmed the dismissal of a wrongful death claim against a critical care physician because of the plaintiff’s failure to submit a compliant affidavit of merit.

Hospital Wins Dismissal After Expert Nurse Excluded in Neonatal Injury Suit

In a professional negligence case, an appellate court affirmed summary judgment in favor of a healthcare provider after the plaintiffs failed to present admissible expert evidence on both breach of care and causation.