Question from Giddyup, What is California’s Statute of Limitations for False Claims Against Hospitals?
Answer from AI:
In California, the statute of limitations for bringing a case under the False Claims Act (FCA) against a hospital is primarily governed by federal law. The federal FCA sets a statute of limitations of 6 years from the date of the violation. However, if the government knew or should have known about the violation, the timeframe shortens to 3 years from the date the government discovered the violation, but it cannot exceed 10 years from the date of the violation.
Under California’s state FCA, the statute of limitations is also 6 years from the date of the violation. This means that whether you are pursuing a case under federal or state law, you generally have up to 6 years to file your claim.
If a hospital falsifies medical records, this is a serious issue that may constitute evidence tampering, a criminal offense. You should report such actions to the appropriate authorities, such as local law enforcement or state medical boards. Additionally, falsified records could serve as evidence in a whistleblower lawsuit under the FCA, highlighting fraudulent activities.
Civil remedies are also available. You may sue for damages if the falsification of records caused you harm. California has specific laws that may provide further protections and avenues for legal action.
Given the complexity of these matters, consulting with a qualified attorney is crucial. A lawyer can guide you through the legal process, ensuring adherence to timelines and helping you pursue the appropriate course of action against the hospital.
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