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rdhnurse

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My mother passed 14years ago from cancer. I recently have learned that her oncologist was convicted (January 2008) of three counts of " health care fraud"and one count of "making false statements regarding health care". These charges had been filed while my mother was under this Doctors care. My mother (and other patient) received poor medical care from this individual. Do I/we have a possible suit against this doctor? Thank you, RDHNURSE

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The charges to which you refer, i.e. health care fraud and making false statements regarding health care are not relevant to your mother's care.  The statute of limitations for medical malpractice is one year in Tennessee.  You don'the have a case.

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27 minutes ago, rdhnurse said:

I recently have learned that her oncologist was convicted (January 2008) of three counts of " health care fraud"and one count of "making false statements regarding health care". These charges had been filed while my mother was under this Doctors care.

 

You wrote that she died 14 years ago, which is 2002, but that the conviction didn't happen until six years later.  That's awfully unlikely.

 

 

29 minutes ago, rdhnurse said:

Do I/we have a possible suit against this doctor?

 

No.  First, the statute of limitations expired over a decade ago (and, even if the facts related to the criminal action somehow stopped the clock on the statute of limitations, the conviction was six years ago).  Second, your post contains no information that would suggest any lawsuit against the doctor ever would have been viable.  The only two things you mentioned were a criminal conviction that has no apparent relevance to your mother's treatment and your non-expert opinion that the doctor provided "poor" care to your mother.  Third, while you didn't say who "we" are, an adult child has standing to sue for wrongful death of a parent only in limited circumstances.

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Hi @rdhnurse

 

Welcome to the community and thanks for posting! As others have mentioned, health care fraud is a financial crime related to medical billing, and may not necessarily have any impact on your mother's care under this physician. You may also have an issue regarding statutes of limitation. If it would set your mind at ease to know for sure, you may want to speak with a medical malpractice attorney. If you need help finding one in your area, you can use our Lawyer Directory -- many offer free consultations.

 

Best of luck!

The FindLaw.com Team

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