Why Health Care Litigation Is Not Like Commercial Litigation
The attorneys at Oberheiden & McMurrey, LLP, have prosecuted, defended, and, most importantly, won health care cases in courts across the country, including California, Florida, New York, Washington D.C., Arizona, Georgia, Colorado, Louisiana, New Mexico, Oklahoma, Tennessee, and Texas. We handle both civil and criminal cases.
Litigations involving the health care industry, which is the second most regulated industry in America, add an additional layer of complication to any case. Ordinary business litigation focuses on whether or not someone committed a tort or breached a contract, as well as on procedural rules. While health care litigation involves these same topics, litigation strategies for health care cases also need to incorporate additional factors above and beyond the common procedural and legal considerations. Going to court with a lawyer who treats a health care case the same as a routine commercial case may lead to a disastrous result. The former federal health care prosecutors at Oberheiden & McMurrey have witnessed first-hand the ways in which poorly conducted civil (health care) litigation can result in criminal prosecution or other government intervention.
If you are involved in health care litigation, don’t trust your case to an average corporate litigator. The key to winning health care litigation cases is a unification of outstanding trial skills with an in-depth knowledge of the health care laws and applicable regulations. Often, opposing parties in health care cases will attempt to win the upper hand by making allegations of health care fraud, HIPAA breaches, and violations of the Stark Law or federal and state anti-kickback regulations. If this happens to you, you need attorneys who can quickly and decisively respond to the accusations without creating undue escalation in a public manner that may draw the federal government’s attention. Failing to recognize these potential dangers can lead to extremely negative outcomes for everyone involved. Take our word for it as former federal health care prosecutors.
Litigation, Trial, and Health Care Law Experience
Clients approach the attorneys of Oberheiden & McMurrey because our firm offers a combination of litigation, trial, and health care experience. Former Department of Justice Trial Attorneys, former Assistant and Special Assistant United States Attorneys and other former federal prosecutors from leading positions in the health care fraud section at the U.S. Attorney’s Office have formed one team to serve clients, big and small, across the country. Among others, we routinely represent:
- Physicians and other Medical Professionals
- Health Care Executives
- Executive Boards
- Business Owners
- Marketing Groups
- Management Services Organizations (MSO)
- Toxicology & DNA Laboratories
- Pharmaceutical & Device Companies
- Biotechnology Industries
- Surgery Centers
The broad sweep of the term “health care litigation” can encompass a wide range of issues, and we tackle them all, from partnership and shareholder litigation, breaches of employment and non-compete agreements, trade secret theft, insurance litigation, fraud, breach of contract, and family law matters involving physicians or health care executives. In addition, our former federal prosecutors and experienced attorneys take on a large number of regulatory and compliance matters, in which we represent business owners, medical professionals, and other health care businesses who have been informed they are under investigation by the federal or state government. Call on us to handle:
- Emergency Litigation such as TROs and Preliminary Injunctions
- Pre-suit investigations, including pre-suit depositions
- Defamation & Slander
- Tortious Interference with Contract or with Prospective Advantage
- Breach of Contract
- Partnership & Shareholder Litigation
- Trade Secrets
- Intellectual Property: Copyrights, Trademarks, and Patents
- Antitrust Litigation
- Employment & Non-Compete Litigation
- Insurance Litigation
- Media Intervention
Regulatory & Government Matters
- State Board Licensing Matters
- DEA, FDA & CMS Licensing
- Health Care Compliance
- Qui Tam Investigations
- Internal Investigations
- SEC Investigations
- Medicare Audits
- Government Program Fraud and Abuse Allegations
- Criminal Defense
Each client at Oberheiden & McMurrey is represented by senior attorneys with exceptional backgrounds. We recognize that each matter is of utmost importance and offer our fullest attention to your case. Call one of our attorneys today to obtain a free and confidential assessment of your case.
Questions to Ask Your Lawyer
How Many Health Care Fraud Investigations Have You Handled?
Oberheiden & McMurrey: more than 1,000 matters combined
How Many Federal Trials Have You Handled?
Oberheiden & McMurrey: approximately 800-1,000 trials
Experienced Health Care Litigation Attorneys
At Oberheiden & McMurrey, our former health care prosecutors and senior health care litigation attorneys regularly represent doctors, nurses, chiropractors, other medical professionals, health care executives, business owners, entrepreneurs, marketers, DME companies, toxicology and DNA laboratories, pharmacies, hospitals, and other industry actors in health care-related litigation. Our clients do not waste their time or money on paraprofessionals or young lawyers experimenting with different techniques. We are proud of our dedicated service to each client, our industry experience, and our tailored skillset. The team includes:
- Nick Oberheiden has succeeded in representations of doctors, health care executives, and health care businesses of all types in prosecutions by the DOL, the DOD, the DOJ, the OIG, and DHHS, as well as in partnership and investor lawsuits, shareholder disputes, internal investigations, and SEC investigations. Dr. Oberheiden is Harvard Law School trained and certified in negotiations and dispute resolution, and he holds a J.D. from UCLA School of Law.
- Bill McMurrey offers clients more than a decade of Department of Justice experience. Mr. McMurrey previously oversaw health care fraud investigations and grand jury proceedings as the U.S. Attorney’s Office’s Chief Coordinator for Criminal Health Care Fraud. firstname.lastname@example.org
- Glenn Harrison is a former Department of Justice trial attorney and former Special Assistant United States Attorney. Mr. Harrison has significant experience in the areas of health care fraud investigations and he offers clients the insights of more than twenty years of prosecutorial experience. email@example.com
- Elizabeth K. Stepp, a Yale Law School graduate and federal and appellate clerk, has over two decades of experience in leading litigation and appellate teams in complex, high-dollar disputes in federal and state courts throughout the country, including in New York, Texas, Florida, California, and Colorado. Ms. Stepp’s expertise is frequently sought by physicians, chiropractors, executives, pharmacies, hospital suppliers, and laboratories.
- Lynette S. Byrd is a former Assistant United States Attorney (AUSA). Clients appreciate Ms. Byrd’s depth of experience in health care matters from the Department of Justice, where she prosecuted Stark law violations, kickbacks, False Claims Act cases, and health care fraud investigations on behalf of the federal government. Byrd’s courtroom experience and technique make her a sought-after advocate in both federal and state court cases.
The attorneys at Oberheiden & McMurrey, LLP, have prosecuted, defended, and, most importantly, won federal litigations in courts across the country, including in California, Florida, New York, Washington D.C., Colorado, Louisiana, New Mexico, Oklahoma, Tennessee, and Texas. We handle both civil and criminal cases.
Contact Oberheiden & McMurrey, LLP to discuss your health care litigation case today.