Healthcare Industry Beware: Statistical Sampling to Establish Damages and Liability Under the False Claims Act Remains a Viable Option for Plaintiffs
The law on whether statistical sampling can be used to establish liability under the False Claims Act remains unsettled. No federal appellate court has straightforwardly discussed whether or not statistical sampling is suitable for proving liability under the False Claims Act. There was a chance to address it in 2017, but the Fourth Circuit opted not to. This white paper reviews what the health care industry can do in the face of the unknown.
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