Healthcare Liability Attorneys
We Help Doctors, Healthcare Executives, and Others in the Healthcare Industry Mitigate Their Risk of Liability
Contact LynetteIf you work in healthcare, you face liability risks on a daily basis. This is true regardless of what you do—whether you are a physician, healthcare executive, or you work in any other facet of the healthcare industry.
To mitigate your risk, you need to be proactive. Lawsuits and investigations can come at any time, whether you are prepared or not. While these lawsuits and investigations will often target hospitals and other healthcare businesses, in many cases physicians, executives, and other individuals can face personal liability as well.
How We Protect Doctors, Healthcare Executives, and Others
At Oberheiden P.C., we take a multi-faceted approach to protecting our healthcare clients from personal liability. Our healthcare liability attorneys have extensive experience in the areas of asset protection, compliance, and defense, and we rely on this experience to mitigate our clients’ personal liability risk by all means available. Whether you are looking for full-service legal representation or you have a specific need, we can offer a custom-tailored solution that reflects your individual risks, assets, and circumstances.
The services our healthcare liability attorneys provide include:
Asset Protection
We provide comprehensive asset protection services for professionals, executives, and other high-net-worth and high-risk individuals. There are several strategies for protecting your personal assets, and deploying these strategies is essential for avoiding unnecessary financial risks. Our attorneys will work with you to develop a suitable plan, and then we will assist with implementing and executing your plan so that your assets are secure.
Corporate Structuring
Corporate structuring can play a major role in mitigating partners’ and shareholders’ personal liability risk. The same is true for non-owner executives. Whether you are starting a new physician-owned practice or you have an existing healthcare business, our healthcare liability attorneys can prepare the partnership or corporate documentation that is needed to secure the liability protection that is available.
Legal and Regulatory Compliance
In the healthcare industry, compliance plays a major role in liability risk management. Healthcare providers and businesses that implement effective compliance programs can mitigate their risk significantly, while those that don’t can expose themselves to civil—and even criminal—liability. We provide healthcare compliance representation to providers and businesses across the country, and our healthcare liability attorneys can help you implement the tools, policies, and practices that are necessary to prevent costly compliance failures.
Insurance and Contracts
Insurance coverage plays a key role in risk management for licensed professionals and business executives. Our attorneys can help you evaluate your coverage needs and negotiate your medical malpractice, directors and officers (D&O), umbrella, and/or other liability insurance policies. We can also draft, review, and negotiate other necessary contractual protections as well—including protections in employment agreements, clinical affiliation agreements, and other contracts.
Government Audit and Investigation Defense
A significant portion of our practice involves representing healthcare providers and other businesses in government audits and investigations. These inquiries can present substantial liability risks, including liability for recoupments, interest, treble damages, and civil or criminal fines. If you are facing a government healthcare audit or investigation, we strongly encourage you to contact our healthcare liability attorneys immediately.
Civil Litigation Defense
We also have significant experience representing healthcare providers and others in civil litigation. Whether you are being forced to confront medical malpractice allegations or you are facing a lawsuit from a partner or shareholder, we can build and execute a targeted, strategic, and efficient defense. With a nationwide network of defense lawyers, we have the capacity to handle civil litigation across the country, and we can provide representation on an emergency basis if necessary.
Criminal Defense in the Healthcare Industry
When necessary, we defend our clients against criminal healthcare fraud allegations as well. These allegations can not only present substantial personal liability risks, but they can also present risks for federal imprisonment. If you are facing criminal charges, or if you are concerned about facing criminal charges in the future, we can help you chart a strategic path forward, and we can defend you by all means available.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Amanda Marshall
Former U.S. Attorney
Local Counsel
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Aaron L. Wiley
Former DOJ attorney
Local Counsel
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Why Choose the Healthcare Liability Attorneys at Oberheiden P.C.?
Facing personal liability as a physician, healthcare executive, or other professional working in the healthcare industry can truly impact all aspects of your life. With your finances, career, and professional reputation all potentially on the line, why should you choose the healthcare liability attorneys at Oberheiden P.C.?
- Our Focus on Healthcare – We got our start in healthcare compliance and defense; and, while we have grown into a full-service federal law firm, we still devote a significant portion of our practice to protecting the interests of individuals and entities in the healthcare industry. We understand your risk, we know your opportunities, and we have the capabilities required to protect you.
- Our Experience with Asset Protection – We have significant experience in the areas of both domestic and offshore asset protection. We use a variety of asset protection tools to protect our clients’ wealth, and we can help you implement a comprehensive and custom-tailored asset protection strategy.
- Our Experience with Compliance and Defense – We also have significant experience in the areas of healthcare compliance and defense. By helping you maintain compliance, and by ensuring that you are prepared to demonstrate compliance when necessary, we can help protect you against the risk of facing civil or criminal litigation.
- Our Reputation – Our reputation as healthcare liability attorneys, both within the legal profession and amongst our clients, is firmly established. We are known for our experience in this area, and we have received numerous testimonials from satisfied clients.
- Our Results – Like our clients, our results speak for themselves. We have helped thousands of healthcare providers avoid unnecessary liability through asset protection planning, proactive compliance, and effective defense representation.
FAQs: Mitigating Your Liability as a Doctor, Executive, or Other Healthcare Professional
How can I minimize my liability risk as a physician or healthcare executive?
There are several steps you can take to minimize your liability risk as a physician or healthcare executive. Assuming that you are not currently facing a lawsuit or investigation, you can implement various asset protection strategies to insulate your assets from any judgments you may face in the future. Liability insurance is a key asset protection tool as well. If you are currently facing a lawsuit or investigation, then engaging experienced defense counsel promptly will be critical for avoiding unnecessary liability.
What are some examples of asset protection strategies for physicians and other healthcare professionals?
Forming a limited liability entity, establishing a trust, moving assets offshore, and implementing an effective compliance program are just a sampling of the strategies that physicians and other healthcare professionals can use to protect their assets. Our attorneys can help you choose the strategies that make the most sense for your individual circumstances.
What can I do to avoid personal liability if my healthcare practice or business is being sued?
If your healthcare practice or business is being sued, minimizing your risk of personal liability will involve engaging experienced defense counsel to represent you. If you are at risk for personal liability, you will need your own legal representation, as your interests could be adverse to your practice’s or business’s in certain scenarios.
What can I do to avoid personal liability if my healthcare practice or business is facing a government audit or investigation?
If federal authorities are targeting your healthcare practice or business, there is a risk that you—as a practitioner, owner, or executive—could face personal liability in addition to any liability imposed on the entity. Here, too, you will need experienced defense counsel, and it is strongly in your best interests to speak with an experienced healthcare liability attorney as soon as possible.
Is medical malpractice insurance enough to protect me from personal liability?
No, as a licensed medical provider, medical malpractice insurance is not enough to fully protect yourself from personal liability. First, medical malpractice insurance does not cover all liabilities you could potentially face as a doctor. Second, even when your medical malpractice insurance policy applies, it may not protect you completely; and, if the patient’s or family’s claim leads to disciplinary action or enforcement action, your insurance coverage won’t protect you.
Is directors’ and officers’ insurance (D&O insurance) enough to protect me from personal liability?
No, as a healthcare executive, D&O insurance is not sufficient as an asset protection tool on its own. While D&O insurance protects against certain risks—and is an important component of a broader asset protection strategy—it is far from all you need as a healthcare executive.
What can healthcare liability attorneys do to protect me?
Our healthcare liability attorneys can take several steps to protect you. From helping you implement an asset protection strategy and compliance program to defending you against civil or criminal allegations, we can protect you on all fronts. We can also help you make informed decisions about your needs, and we can help you feel confident that you are making the right decisions to protect your hard-earned wealth.
Contact the Healthcare Liability Attorneys at Oberheiden P.C.
If you would like to speak with a healthcare liability attorney at Oberheiden P.C., we invite you to get in touch. Please call 888-680-1745 or contact us online to schedule a complimentary initial consultation.
