Healthcare fraud is a growing problem in the United States. Data mining is increasingly being used to combat it. After briefly explaining data mining, this article analyzes whether evidence obtained by data mining is admissible in court under the laws of evidence. It then examines the issue under both the Federal Rules of Evidence and the common law. This article focuses on three key questions: (1) Whether the use of prior acts by practitioners is proper under the law of evidence? (2) Is testimony based on data mining proper expert testimony? and (3) Does the methodology of data mining satisfy the Daubert or Frye standard?
Northern Illinois University Law Review
"Can a Computer Read a Doctor's Mind? Whether Using Data Mining as Proof in Healthcare Fraud Cases is Consistent with the Law of Evidence,"
Northern Illinois University Law Review: Vol. 30:
3, Article 3.
Colin Caffrey, Can a Computer Read a Doctor's Mind? Whether Using Data Mining as Proof in Healthcare Fraud Cases is Consistent with the Law of Evidence, 30 N. Ill. U. L. Rev. 509 (2010).