Thomas v. EmCare, Inc. – Aug. 2015 (Summary)

FALSE CLAIMS ACT RETALIATION

Thomas v. EmCare, Inc., No. 4:14-cv-00130-SEB (S.D. Ind. Aug. 24, 2015)

An emergency room physician sued a hospital, alleging that the hospital violated the federal and state False Claims Act. The physician made formal complaints about the violations and five days later his employment was terminated (after only four months, throughout which he made verbal and written complaints about tests, procedures and alleged Medicare and other insurance fraud). He never received an explanation of his termination. The physician filed suit under the anti-retaliation provisions of the state and federal False Claims Act. The court denied the hospital’s motion to dismiss, holding that because the physician provided evidence that he had never received a complaint about his performance during his tenure at the hospital, he provided enough evidence for the case to go forward.