Health Care Litigation

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Given the complexity and ever-evolving nature of the health care field, it’s crucial to have attorneys who are well-versed in both the legal and medical intricacies. At Dickinson Wright, our health care litigation practice is dedicated to addressing the challenges our clients face, navigating the unique intersections of health care services, insurance, compliance, and legal regulations. With an in-depth understanding of the health care industry’s dynamics, our attorneys offer strategic guidance tailored to safeguard our clients’ rights and interests.

Our presence spans across multiple offices in North America, enabling us to handle disputes efficiently across all federal jurisdictions. We serve a diverse range of stakeholders in the health care industry, from medical practitioners and hospitals to pharmaceutical companies and insurance providers. Through our representation of a diverse clientele, we are familiar with the difficulties that arise, we have experience resolving them, and we are well-positioned to anticipate industry trends and address the challenges they present.

Our Team

Our health care litigation team garners accolades from revered platforms such as Best Lawyers®, Super Lawyers®, and other top-tier evaluation bodies. Beyond litigation, we actively contribute to the broader discourse on health care litigation law, speaking at major conferences, updating our Health Law blog, and publishing insights on the latest industry shifts and trends.

Our Services

Whether navigating the complexities of state and federal regulations, defending against claims, or providing proactive risk management strategies, our attorneys bring a wealth of knowledge to the table. We prioritize the needs of our clients, ensuring they are equipped to face the multifaceted challenges of the health care industry.

 

  • Medical Malpractice Defense: Defending medical professionals and institutions against claims of negligence or wrongdoing.
  • Health Care Insurance Litigation: Representing clients in disputes arising from health insurance claims, policy coverage issues, and disagreements between providers and insurance carriers.
  • Regulatory Compliance: Assisting health care entities in adhering to federal and state health care laws, including the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA).
  • Risk Management: Offering strategic counsel to minimize potential liabilities and enhance operational efficiencies.
  • Billing and Reimbursement Disputes: Representing providers in disagreements related to billing codes, reimbursement rates, and payment disputes with insurance carriers.
  • Fraud and Abuse Claims: Defending against allegations of health care fraud, kickbacks, or false claims, and offering proactive measures to prevent such claims.
  • Licensing and Credentialing Issues: Guiding professionals and entities through the licensing process, and addressing issues related to credentials or professional misconduct.
  • Contractual Disputes: Addressing disagreements arising out of provider agreements, vendor contracts, and other health care-related contractual matters.
  • Merger and Acquisition Litigation: Assisting with disputes that may arise during the merging or acquisition of health care entities.
  • Patient Privacy and Data Breach: Advising on patient confidentiality concerns, and representing entities in case of data breaches or privacy violations.
  • Health Care Employment Litigation: Addressing disputes related to employment within the health care industry, including wrongful termination, discrimination, and wage issues

Representative Matters

–Represented a women’s health care group for a reduction in damages in a previous malpractice suit. The State Supreme Court issued a unanimous opinion that reversed the trial court and held that the statutory damages cap did not violate the right to a jury trial.

–Represented a health care association in an action filed against doctors formerly employed by the client, seeking damages and an injunction based on the former employees’ breach of the non-compete provisions in their respective employment agreements. Obtained a preliminary injunction against the former employees, enjoining them from further violating the non-compete provisions contained in the agreements.

–Assisting an organization facilitating relationships between the LGBTQ+ community and local health care organizations with information technology compliance and privacy issues to alleviate health care disparities

–Assisted a health care holdings company with filing an immediate motion to dismiss, arguing that the plaintiff’s interpretation of the contract was incorrect, that there was no anticipatory repudiation, and that the plaintiff lacked standing to assert the claims pled.

–Represented a large health care system in defense of unfair labor practice charges and contractual grievances relating to the client’s adoption of a policy requiring all staff members to be vaccinated against COVID-19.

–Represented a major health insurance provider on several class actions and dozens of individual lawsuits claiming violations of ERISA in administering certain plans.

–Represented physical therapists employed by a national rehabilitation health care group in a collective action for unpaid overtime and other uncompensated hours of work

–Represented a primary health insurance provider in two significant cases involving Native American Indian tribes. Both tribes claimed they were entitled to “Medicare-like rates” for hospital services under federal regulations and that the provider should have processed medical claims at MLR.

–Represented a health care insurance broker in a multi-party federal case involving an enforcement action by the US Department of Labor and a civil action involving the recommendation of alternative health care plans known as VEBAs.

–Represented several health plans in civil antitrust litigation matters involving allegations of price-fixing, refusals to deal, monopolization, and monopsonization issues.

–Represented a health care provider in a civil antitrust litigation matter regarding denied accreditation by a national certifying organization for anti-competitive reasons.

Investigated a $6 million Medicaid and education fraud scheme, alleging improper Medicaid billing for special education services and diverting federal and state education funds for personal expenditures.

Counsel to healthcare-related parties in litigation arising under the Bankruptcy Code and in connection with healthcare-related investigations arising in insolvency contexts.

–Represented a pain physician who was indicted as part of the nationwide opioid taskforce initiative and charged with health care fraud in violation of 18 U.S.C. 1347. Our client was acquitted following trial.

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