There is a split in the circuits on the important question of whether a medical opinion can be false within the meaning of the False Claims Act (FCA).
The importance of expert opinion (offered either by affidavit or in deposition testimony) in summary judgment practice cannot be overstated. We have previously written about this in a number of different contexts: medical malpractice (https://www.videntpartners.com/blog/2019/medical-expert’s-affidavit-opposition-summary-judgment-fails-establish-triable-issue), health insurance coverage (
