Business Litigation Lawyers for Hospitals
Hospitals face litigation risks in all aspects of their operations. Our lawyers are highly experienced on both sides of hospital litigation.
Hospitals are extraordinarily complex businesses that face a wide range of legal obligations and compliance risks. Even when hospitals have effective risk management and compliance programs in place, they can still face litigation due to factors beyond their control. At Oberheiden P.C., we have particular experience representing hospitals and other healthcare providers, and we have successfully represented our healthcare clients in all types of civil, commercial, and governmental litigation.
When facing litigation, hospital executives, board members, and administrators need to make informed and strategic decisions. They must be able to decide when to take legal action or put forward a defense, when a negotiated settlement is warranted, and when going to trial is necessary. Making all of these decisions requires the insights and advice of senior-level attorneys with extensive experience in the healthcare sector.
Senior Litigation Attorneys with Specific Healthcare Experience
Oberheiden P.C. are knowledgeable business litigation lawyers for hospitals. The firm has several attorneys with significant experience in healthcare litigation. In addition to representing hospitals and other providers, many of our attorneys also have prior experience as health care fraud prosecutors with the U.S. Department of Justice (DOJ). Our attorneys are highly experienced in healthcare litigation. Our healthcare litigation attorneys have handled thousands of cases and hundreds of trials; and, as a result, they are able to provide strategic advice and effective representation for hospitals facing all types of legal disputes.
Our Areas of Representation for Hospitals
Our practice encompasses all areas of civil, commercial, and governmental litigation. As such, our senior attorneys represent hospitals in matters including, but not limited to:
Medical Malpractice Litigation
We represent hospitals and their insurers in all types of medical malpractice litigation. Medical malpractice cases present unique challenges, and they require a unique approach as a result. We work closely with our clients and trusted medical experts to assess the validity of plaintiffs’ claims, develop targeted defense strategies, and pursue favorable results that efficiently protect our clients’ interests.
Other Patient and Family Lawsuits
In addition to medical malpractice litigation, we also represent hospitals in all other types of patient and family lawsuits. Many personal injury and wrongful death claims fall outside of the medical malpractice realm. From claims of ineffective hospital administration to product liability claims based on the “chain of distribution” theory, we rely on our extensive litigation experience to protect our hospital clients regardless of the allegations at hand.
Contract Disputes with Vendors and Suppliers
Disputes with vendors and suppliers can be both disruptive and costly. As a result, an efficient solution is often required. We represent hospitals in litigation with all types of businesses, including durable medical equipment (DME) suppliers, personal protective equipment (PPE) suppliers, cybersecurity companies, and others. When necessary, we assist our hospital clients with terminating contracts and conducting due diligence for the selection of new vendors and suppliers as well.
We represent hospitals in all types of employment litigation involving both contract-based and at-will employees. This includes everything from compensation disputes with physicians and physician assistants to harassment claims filed by administrative personnel. In addition to private litigation between hospitals and their employees, we provide representation for Equal Employment Opportunity Commission (EEOC) and other agency matters as well.
Disputes between hospital shareholders will often lead to litigation. Alternatively, in many cases, these disputes will be subject to mandatory mediation and/or arbitration under the terms of the hospital’s shareholder agreement. We represent hospitals’ interests in disputes between private shareholders, and we also provide representation for minority-majority disputes, shareholder derivative actions, and other types of shareholder litigation.
Government Investigations and Litigation
A significant portion of our practice is devoted to representing hospitals and other healthcare entities in government investigations and litigation. As former healthcare fraud prosecutors with the DOJ, many of our senior attorneys are able to offer deep insights into the federal government’s investigative and prosecutorial processes. Our experience includes successfully representing hospitals and other providers in matters involving the DOJ, Centers for Medicare and Medicaid Services (CMS), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services Office of Inspector General (HHS OIG), and other agencies.
Other Claims and Disputes
Hospitals can face litigation risks on a variety of other fronts as well. In addition to handling matters in the areas discussed above, we also provide representation for intellectual property disputes, cybersecurity breach litigation, antitrust and securities litigation, fiduciary litigation, and other types of civil and commercial matters.
Responding to Litigation Risks in the Hospital Setting
Due to the inherent risks of litigation, when facing a dispute or investigation, it is imperative that the hospital’s leadership team take prompt and decisive action. At this stage, it is critically important for the leadership team to avoid mistakes as well. With this in mind, when responding to litigation risks, hospital executives, board members, and administrators should:
- Engage Litigation Counsel – Engaging litigation counsel early can often greatly reduce the costs of a civil dispute or government investigation. We encourage our hospital clients to contact us promptly upon learning of any potential litigation threat so that we can assess their risks and advise them accordingly.
- Conduct an Internal Investigation – Conducting an internal investigation is a key early step that should be undertaken with the oversight of the hospital’s litigation counsel. The purpose of this investigation is to evaluate the hospital’s risks in an unbiased manner and to begin identifying the defenses and/or claims the hospital may have available.
- Develop a Litigation Strategy – When facing litigation, it is important to have a strategy with a clear focus. Otherwise, much (if not all) of the effort exerted is likely to be wasted. A litigation strategy should be custom-tailored to the factual and legal issues at hand, and it should take into consideration all potential claims, defenses, and outcomes.
- Evaluate Possible Pre-Trial Resolutions – While litigating through trial will be necessary in some circumstances, it is often in hospitals’ best interests to resolve disputes and investigations prior to trial. At Oberheiden P.C., we emphasize efficiency in our representation, and we seek to achieve favorable outcomes for our clients without incurring the costs of trial litigation whenever possible.
- Prepare for Next Steps – When facing litigation, knowing what to expect and being prepared are critically important. At Oberheiden P.C., we work closely with our clients’ executives and other key stakeholders to help them get ready for what is to come. This includes everything from evaluating early settlement options to preparing deposition testimony, and from making strategic decisions during the pre-trial phases to retaining experts to testify at trial.
FAQs: Mitigating Risk in Hospital Litigation
What are Some of the Most Common Issues that Lead to Litigation for Hospitals?
Hospitals face a laundry list of litigation risks. While some of these risks are more common than others, they all have the potential to lead to significant costs and liability if not managed appropriately. Some examples of the types of issues that most frequently lead to litigation for hospitals include: malpractice and negligence allegations, contractual deficiencies, allegations of Anti-Kickback Statute and Eliminating Kickbacks in Recovery Act violations, allegations of Medicare billing fraud, and all types of claims filed by hospital personnel.
How Can Hospitals Mitigate the Costs of Litigation?
In order to mitigate the costs of litigation, the first thing that hospitals can (and should) do is adopt a comprehensive set of policies and procedures. By addressing their risks proactively, hospitals can significantly reduce their chances of facing allegations of wrongdoing, and they can also decrease the likelihood that they will need to pursue claims against underperforming vendors and other parties. When facing the prospect of litigation, engaging legal counsel promptly is the first step toward developing and executing a strategy focused on achieving an efficient and favorable resolution.
What are the Risks of Facing Litigation as the Result of a Healthcare Fraud Investigation?
Healthcare fraud investigations can easily lead to civil or criminal enforcement litigation if not handled appropriately. In enforcement litigation, hospitals (and potentially their executives and board members) can face a broad range of severe penalties, including substantial fines, recoupments, loss of Medicare eligibility, and even federal imprisonment. At Oberheiden P.C., we have been successful in helping the vast majority of our clients resolve their federal healthcare fraud investigations without civil or criminal charges being filed.
Why Do Hospitals Choose Oberheiden P.C. for Litigation?
Hospitals choose Oberheiden P.C. because we have a team of highly-experienced senior-level attorneys and a proven track record of success. Our clients trust us to advise and represent them in all types of litigation involving private parties and government entities, and they know that we will call upon our experience to help them make informed decisions with both their immediate and long-term interests in mind.
Speak with a Senior Hospital Litigation Attorney at Oberheiden P.C.
If your hospital is facing potential litigation, we encourage you to contact us promptly. To speak with a senior hospital litigation attorney at Oberheiden P.C. in confidence, call 888-680-1745 or tell us how you would like to be contacted online now.