Victim of Medical Fraud?Choose a Firm That Was Created to Advocate for Victims.
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Medical Fraud & Conspiracy
Medical fraud & conspiracy is a growing area of law, especially as more and more physicians work with medical device and pharmaceutical manufacturers to test and promote their products. You expect your physician or surgeon to make medical recommendations based on your best interests. Where things go awry is when the financial and research interests of the doctor affect decision-making and the patient is kept in the dark.
Some of the medical fraud cases we’ve encountered involved the following allegations:
- A surgeon recommending minimally invasive back surgery using spine devices not approved or cleared to treat the underlying condition, scoliosis.
- A surgeon and device manufacturer representing that a nerve monitoring device would ensure nerve safety during surgery.
- A surgeon performing a clinical trial procedure on a patient without her knowledge.
- A physician substituting one surgical product for another without the patient’s consent because of his financial and research interest in the product
- A physician not divulging to a patient that he received extensive compensation from a medical device manufacturer to use its products
- A hospital allowing uncleared or unapproved devices into the hospital based on the recommendations of a physician who has financial ties to the device manufacturer.
- A physician recommending the use of stem cells for unproven treatment
- A pain physician prescribing narcotic lollipops only available through his pharmacy
- A pain physician recommending implantation of a pain pump, only to use the smallest possible pump that required more frequent refills of a combination of narcotics by his surgical center.
When device and pharmaceutical companies work with physicians to defraud patients, they may be found liable for conspiracy to commit fraud. Vaage Law has one of the few, if not the first, California verdict against a medical device manufacturer for conspiring with a surgeon to defraud a patient. A San Diego jury awarded over $3 million against a medical device company for aiding and abetting in perpetrating a fraud against our client.
Oftentimes, patients don’t learn that they have been defrauded until we bring it to their attention. From reviewing the medical records with a fine-tooth comb, we can determine if any red flags exist, what products are subject to experimentation, and what companies are involved. When medical professionals and manufacturers commit medical fraud or conspiracy, they are not only potentially injuring their patients, but they violate their trust. They have placed profit over the health and safety of their patients. Some of our clients feel as if they’ve been used as human guinea pigs. At Vaage Law, our San Diego medical fraud lawyers understand the various ways you or your family can be harmed due to an unscrupulous medical professional and manufacturer.
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How Do I Know If My Doctor Is Receiving Money from a Company?
There is always the potential for fraud when a doctor works closely with a manufacturer. The Sunshine Act requires applicable manufacturers to report certain payments and other compensation or investment interests given to physicians and teaching hospitals. To see if your physician has been paid by a company, please search the Open Payments database. There are other sources of information that we have found over years of experience with medical fraud. Contact Vaage Law to see if you’ve been the victim of medical fraud or conspiracy.
Our San Diego Medical Fraud Attorney Stands By Your Side
Our founder has more than 35 years of trial experience and has tried cases successfully to verdict more frequently than 95% of the civil trial attorneys in San Diego. Mr. Vaage has been recognized by the American Board of Trial Advocates, California Super Lawyers ®, Top 100 Trial Lawyers in America, and Best Lawyers in America.
A victim of Medical Fraud and Product Liability shares his story about his failed neck surgery case.