The new expanded provisions of the Minnesota False Claims Act will go into effect on August 1st, 2021. Among many other things, the new additions will limit the general liabilities of employers by making them responsible for the actions of their non-managerial employees even if they didn’t know about the policy, didn’t ratify the policy, or exercised reasonable care in knowing that the policy was in effect. The general limitations will also apply to contractors and subcontractors.
priority over other claims when filing a complaint about the recovery of damages
In addition, there are a few other amendments that will affect Minnesota False Claims Act claims brought by whistleblowers. For example, the subdivision of insurance of the state now protects against retribution or injury caused by an employer’s failure to take reasonable steps to prevent the employee from taking action. As currently stated, the new subdivision will not apply to an action by a subcontractor to the same employer. Another significant amendment is that now all claims that exceed the insurance deductible for Minnesota False Claims Act purposes will have priority over other claims when filing a complaint about the recovery of damages.
employer compensate an injured worker for injuries he sustained while working
The Minnesota False Claims Act has always been considered a civil lawsuit for purposes of mandating that an employer compensate an injured worker for injuries he sustained while working with his or her employer. It is important to note that although the above provision does not apply to all claims brought within the purview of a specific political subdivision, it does apply to almost all actions brought on behalf of a Minnesota taxpayer. The most common claims involve injuries that occur while at work. In this regard, it is worth noting that the subdivision of insurance referred to in the above provision is specifically designed to protect workers who are injured while performing certain types of tasks.
One of these tasks involves rendering service on a patient’s behalf
Although the vast majority of people who come to a doctor’s office or otherwise visit a clinic are doing so in an informal capacity, some regularly render medical services daily. Examples include individuals who visit the emergency room of a hospital or other healthcare facility daily. While it may be completely unnecessary for such people to incur the costs of hiring a lawyer to file a Minnesota False Claims Act lawsuit, it is entirely possible that such costs would be incurred if they were working under conditions where they actually injured their body or sustained serious injury that required medical attention. For example, if a dentist or other medical professional were to accidentally break a finger on the job site and required weeks of treatment, rather than taking the time to file a personal injury lawsuit, the patient would be better served to pursue such a claim against the dentist’s employer, rather than against the individual dentist or medical professional.
filing of the complaint
There are numerous ways in which Minnesota False Claims Act lawsuits can be pursued. In addition to the actual filing of the complaint, there are numerous aspects of healthcare that are not always addressed when individuals choose to file the lawsuit on their own. For example, a doctor or other health care professional who is aware of a patient’s right to privacy may withhold information about certain treatments or other services. This type of information can include things like a patient’s entire medical history, tests, and other records that are considered confidential. Without the existence of a False Claims lawsuit, doctors and other healthcare providers could inappropriately withhold important information from a patient regarding the cause of his or her ailment, as well as how the treatment was administered. While the mere possibility exists that a doctor could withhold this type of information, particularly if it means facing Minnesota False Claims charges, there are several ways in which healthcare providers could be punished if they were found to have engaged in the illegal act of withholding this type of information.
Some individuals who file a qui tam complaint against a healthcare provider do not believe that they will be adequately compensated. To determine whether you have a strong case, you should consult with an experienced False Claims lawyer. Depending upon the jurisdiction in which you reside, you may be able to consult with an attorney who is skilled in the area of medical malpractice and fraudulent claims. If your local government requires submission of a report to the local governing body, you may be required to appear before that body and discuss your case in person.