Healthcare

We have represented pharmaceutical companies in DES, DPT and AIDS litigation, in addition to defending claims involving prescription drugs, over-the-counter products and medical device manufacturers.  We have also represented many healthcare providers in diet-drug cases and breast implant litigation, for which we served as statewide liaison counsel for healthcare defendants.  

In addition to the defense of malpractice claims, we provide general representation and counseling in various areas of healthcare law.  We handle administrative and court proceedings involving licensure issues, staff privileges and credentialing, contracts for the exclusive providing of services and potential anti-trust implications.  With respect to individual healthcare providers, we are involved in the formation of professional corporations, acquisition issues, third-party contracts, the creation of qualified benefit plans, drafting of partnership agreements and advising clients generally as to business strategies, tax and liability considerations, fraud and abuse, STARK concerns and regulatory compliance. 

In areas where litigation is involved, we have experience handing anti-trust, Medicare and Medicaid fraud cases and assisting clients in responding to compliance audits in civil and criminal investigations.

We prepare and present emergency medical petitions for court approval, provide advice to hospital administration and staff members concerning HIPAA compliance, DNR orders, AIDS testing, guardianships and similar legal/medical issues.  We regularly provide advice and counseling regarding by-laws and related corporate documents for healthcare institutions and have drafted medical staff guidelines, rules and regulations, bylaws and similar hospital policies.  Our extensive experience in representing hospitals as well as physicians and allied health professionals gives us unique experience in terms of institutional issues, including hospital/medical staff relationships, physician group structure, personnel, insurance coverage and risk management issues. 

We provide advice and representation for home health agencies and have considerable experience in representing assisted living and continuing care facilities, as well as traditional nursing homes.  We have been involved extensively with Departments of Insurance and other regulatory agencies having jurisdiction over the development of life care communities and the operation of existing facilities. 

In addition to the foregoing matters, we are involved in handling transactional matters for healthcare providers from a variety of perspectives.  We have draft employment, joint venture and exclusive contracts for hospitals, ambulatory care facilities, physicians and allied health professionals.  We regularly review, and have participated as bond counsel in, a number of transactions involving the financing and/or construction of hospitals, convalescent homes, medical office buildings and nursing homes.  In conjunction with our Labor and Employment Group, we provide a broad range of employment and personnel advice relative to issues encountered by healthcare providers, including issues relating to AIDS, substance abuse and labor relations for institutions with both unionized and non-unionized work forces.

The group includes a number of attorneys with experience in the medical field and as healthcare professionals themselves, which provides an enhanced knowledge base for the representation of our healthcare clients.