Major Insurance Company Sues Doctor in Florida for Alleged Fraud Scheme
According to a report from Insurance Business, Allstate—the Illinois-based insurance giant—has filed a civil lawsuit in Florida against a doctor. The legal complaint alleges that Ravi Xavier—the owner of Florida Anesthesiology & Pain Clinic—improperly fabricated medical records and billed the company for unnecessary spinal surgeries. Within this article, our West Palm Beach FDUTPA attorney provides an overview of the legal complaint, discusses the law, and provides an overview of the options that are available in civil fraud claims.
Legal Complaint: Insurance Fraud
Allstate Insurance has filed a civil lawsuit against Dr. Ravi Xavier. The company alleges that the physician—who owns and operates medical practices—was at the head of a comprehensive scheme to fabricate medical records for the purposes of billing for unneeded spinal surgeries. Along with other things, the civil legal claims contend that Dr. Xavier billed for treatments that were either excessive or not conducted at all.
The complaint also alleges that Dr. Xavier often billed for costlier procedures without conducting necessary preliminary tests and manipulated diagnostic radiology results to justify his claims. Additionally, the lawsuit suggests that Xavier’s descriptions of patient injuries and symptoms were suspiciously similar—including identical typos and contradictions. Notably, the lawsuit alleges that other parties—including some law firms—were involved in the fraud.
Many Civil Legal Options in Florida for Fraud
Civil fraud cases are notoriously complex. In Florida, there are actually a number of different causes of action that an individual or business could potentially pursue in a civil fraud claim. Some of the legal actions to be aware of include:
- Florida Deceptive and Unfair Trade Practices Act (FDUTPA): The FDUTPA act prohibits unfair, deceptive, or unconscionable acts or practices in trade or commerce. Notably, the law allows claimants to seek financial recovery for their actual damages and for injunctive relief.
- Common Law Fraud: A plaintiff may also have a common law fraud claim. It involves proving intentional misrepresentation of a material fact, reliance by the victim, and damages as a result of the fraud. An attorney can help you navigate a common law fraud case.
- Breach of Contract: In some cases, the most effective approach for victims of suspected fraud to take legal action is through a breach of contract claim. A defendant may be liable for contract breach damages that could not have been mitigated.
- Civil Remedies for Criminal Practices Act (Florida’s Civil RICO): A civil RICO claim is an unusually complex type of claim that allows victims of ongoing fraudulent schemes and patterns of racketeering activity to seek civil compensation.
Get Help From Our FDUTPA Lawyer for Immediate Help With Your Case
At Pike & Lustig, LLP, our Florida deceptive and unfair trade practice attorneys are committed to protecting the best interests of our clients. If you have any questions about the FDUTPA, we are here as a legal resource. Reach out to us by phone or connect with us directly online to set up a confidential case review. Our firm represents plaintiffs and defendants throughout South Florida.