Former federal prosecutors
offering unparalleled knowledge and a proven track record


Meet the Team
Oberheiden Attorneys

Malpractice Defense

Oberheiden & McMurrey LLP
Former Prosecutors & Defense Counsel

How Experienced Malpractice Defense Attorneys Can Protect Your License

malpractice defenseThe attorneys of Oberheiden & McMurrey combine veteran courtroom experience with an in depth understanding of all of the nuances of health care law in order to provide our clients with the most effective defense against claims of medical malpractice. We have helped hundreds of providers undergoing state and federal investigations, including general practitioners, family practitioners, pain doctors, surgeons, anesthesiologists, and others. We defend and protect our clients’ professional licenses, including M.D.s, D.O.s, D.C.s, and P.A.s, and we have prevailed in many administrative board hearings on behalf of nurses. We have proven over and over that our experience allows our clients to practice with a clean license and a spotless record.

What sets Oberheiden & McMurrey apart from traditional malpractice lawyers is are vast experience in the court room and the insight that we have gained from appearing in more than 1000 health care cases. Our attorneys are profoundly familiar with medical billing procedures from both a patient care and a standard of care point of view. We know about HIPAA laws, document retention requirements, and clinical records standards. This knowledge helps us understand the facts and details of your case. You will not have to teach our attorneys about the practical workings of the medical industry because we already understand them.

At Oberheiden & McMurrey, our attorneys understand how quickly a successful and careful doctor can be incorrectly accused of malpractice or other improprieties by a patient. Time and time again, we have witnessed patients, encouraged by money driven plaintiffs’ lawyers, exaggerate their claims and present their doctors in a negative light in order to prevail in malpractice suits. That is why our lawyers are dedicated to protecting our clients’ good names and livelihoods. We will not let plaintiffs’ attorneys drag your reputation through the mud!

Full Service Defense

Oberheiden & McMurrey will be there to advise you throughout the entire course of your malpractice suit, including pre-suit investigation, the pleadings stage, discovery, motion practice, pre-trial hearings, trial, and post-trial proceedings. Our lawyers will challenge “hired gun” expert witnesses that make a living exaggerating plaintiffs’ injuries and pointing blame on doctors. We will force the plaintiffs to prove every cent of the damages they are claiming. While plaintiffs and their lawyers may attempt to pray on the sympathies of the jury, we will tactfully demonstrate that there is no legal basis for their claims.

Additionally, we will work with your malpractice insurance carriers to make sure that you reap the full extent of the benefits that you have paid the premiums for. We will communicate with your insurance policy adjusters to explore settlement options, and we will help negotiate favorable pre-trial settlements with the plaintiff where appropriate.

Civil Liability Defense

At Oberheiden & McMurrey, we routinely defend medical practitioners against claims for civil liability. We represent clients facing suits brought by private individuals as well as state and federal authorities. Such civil actions range from False Claims Act claims brought by qui tam relators, or private citizens bringing suits on behalf of the government, to audits conducted by private insurance companies and repayment demands issued by Medicare or Medicaid contractors. Our clients include doctors, psychiatrists, dentists, physician assistants, nurses, hospitals, clinics, pharmacies, laboratories, and health care related businesses. Civil liability defense cases often involve allegations of:

  • Billing mistakes
  • Regulatory violations
  • Overpayment
  • Incomplete documentation retention
  • Negligent credentialing
  • Improper compensation to employees or independent contractors
  • Improper staffing
  • Improper hiring
  • Lack of training for employees

Compliance and Risk Management Consulting

The best way to guarantee a successful outcome from a malpractice law suit – or any other type of civil litigation or government investigation – is to have a routine compliance program in place. Medical practitioners who practice systematic compliance training and monitoring are infinitely more prepared to demonstrate the exercise of due care in the face of accusations of negligence and good faith against allegations of fraud or other financial improprieties.

Oberheiden & McMurrey offices compliance and risk management consulting to our clients both as precautionary measures before allegations are lodged and as remedial measures following accusations of negligence or impropriety. The former federal prosecutors on our team rely on their experience working for state and federal agencies to perform compliance audits for our clients and to advise them on ways to rectify any existing regulatory violations or questionable policies. We help our clients draft employee handbooks and policies and procedures, implement compliance protocols, and conduct employee training. Time and again, we have witnessed how strong compliance programs have helped our clients obtain favorable outcomes from civil litigation and lawsuits.

The Right Team to Defend You

The veteran team of attorneys at Oberheiden & McMurrey has decades of litigation experience collectively, and we use our experience in the courtroom to achieve successful outcomes for our clients. Many of our lawyers are former federal and state prosecutors who bring their experience from working for the government to the table when advising our clients during criminal and civil investigations, litigation, and settlement negotiations. All of our attorneys are senior litigators with extensive experience in health care litigation and defense practice.

Our attorneys have put together a proven defense strategy that has a demonstrative track record of success. Our defense strategy includes answering our clients’ most pressing questions, effectively communicating with government lawyers and opposing counsel, implementing creative litigation techniques, aggressively litigating in the court room, and negotiating favorable settlements.

Oberheiden and McMurrey has helped hundreds of our clients achieve successful outcomes from:

  • State and federal investigations
  • Malpractice suits
  • Civil litigation
  • False Claims Act suits
  • Administrative hearings
  • Licensing board hearings
  • Private insurance audits
  • Medicare and Medicaid audits
  • Tricare Audits

Defending Doctors

Our attorneys have defended hundreds of doctors, including primary care physicians, surgeons, chiropractors, gerontologists, pain doctors, and other specialists. We use our extensive experience with health care law to demonstrate to judges and juries that medical decisions were both reasonable and based in current medical science. At Oberheiden & McMurrey, we understand that just because a procedure does not work out the way a patient wanted it to does not mean that the doctor was negligent or careless. In the same way, we recognize that a patient’s misunderstanding medical bills or explanations of benefits does not automatically mean that a mistake has been made. Our attorneys are dedicated to protecting the practice that you have spent a lifetime building.

These days, it seems like doctors are under attack from all angles. An entire legal industry has been created by plaintiffs’ attorneys who are looking to take advantage of patients’ ailments in order to make their own fortune. In addition, state and federal prosecutors are focusing more and more energy on targeting doctors for mild violations of healthcare statutes. We regularly represent doctors facing malpractice claims, state and federal investigations, and suits for civil liability, such as False Claims Act actions.

We defend doctors facing claims of:

  • Medication errors
  • Surgical errors
  • Misdiagnosis
  • Failure to diagnose
  • False Claims Act suits
  • Improper marketing
  • Anti-kickback violations
  • Stark Law violations
  • Improper billing
  • Medically unnecessary services
  • Improper referrals
  • Overpayment
  • Improper staffing
  • Insurance fraud

We represent doctors practicing in the following fields:

  • General medicine
  • Pediatrics
  • Emergency medicine
  • Gerontology
  • Pain medicine
  • Anesthesiology
  • General surgery
  • Cardiology
  • Internal medicine
  • Gastroenterology
  • Radiology
  • Urology
  • Gynecology & Obstetrics
  • Orthopedics

Defending Psychiatrists and Psychologists

Unlike many defense firms who focus their malpractice defense practice on doctors specializing in physical medicine, Oberheiden & McMurrey represents many practitioners in the mental health field, including psychiatrists and psychologists. Psychiatrists and psychologists are particularly vulnerable to claims for negligence and malfeasance because their patients’ conditions are more susceptible to varying interpretations or diagnoses. These circumstances open the door for overzealous plaintiffs’ attorneys to bring in “expert” witnesses who will deliberately contradict an initial diagnosis or treatment in order to advance a plaintiff’s case. Additionally, the patients themselves are often more prone to being taken advantage of by aggressive plaintiffs’ attorneys looking to capitalize on the patients’ cases for their own financial gain. Our attorneys have represented psychiatrists and psychologists accused of:

  • Misdiagnosis of conditions
  • Improper prescribing practices
  • Improper billing
  • Inadequate documentation retention
  • Improper credentialing
  • Improper staffing
  • Receiving overpayments
  • False Claims Act violations
  • Regulatory violations

Defending Dentists

More and more dentists, orthodontists, and oral surgeons are becoming the target of civil liability suits, malpractice actions, private insurance audits, and state and federal investigations. Dentists who service federal health care beneficiaries are particularly at risk for having their clinical services scrutinized and their administrative practices investigated.

Recently, a few major news stories about negligent dental practices have cast the entire industry in a negative light. However, at Oberheiden & McMurrey, we understand that hardworking and careful dentists can nonetheless make clinical or clerical mistakes and that such errors do not mean that the dentist was negligent or guilty of fraud. Our attorneys have represented many dentists and dental practices in civil litigation brought both by private citizens and government officials. We have successfully defended dental practitioners facing the following claims:

  • Malpractice
  • Medically unnecessary services
  • Improper billing practices
  • Improper compensation to employees and independent contractors
  • Improper marketing
  • Regulatory violations
  • False Claims Act suits
  • Overpayment

Defending Nurses and Physician Assistants

Whereas in the past most malpractice actions targeted doctors, nurses and physician assistants are increasing facing civil litigation brought by private citizens, private insurers, and government agencies. State and federal investigators are widening their investigations to include nurses, medical assistants, and home health aides. Medical professionals with prescription writing authority, such as nurse practitioners and physician assistants, are particularly at risk for civil and criminal investigation.

From our experience participating in hundreds of health care cases, our attorneys understand that nurses are often brought into health care investigations for conduct that they did not even know was occurring. In countless cases, we have seen government investigators, insurance attorneys, and plaintiffs’ lawyers cast a wide net against medical practices, resulting in innocent nurses getting caught up litigation and facing daunting monetary judgments. The attorneys at Oberheiden & McMurrey are dedicated to helping nurses achieve the best possible outcomes from such circumstances, through case dismissal, early settlement, or cooperation with government investigations, among other strategies. Additionally, we have helped countless nurses and physician assistants defend their licenses to state licensing boards. Our lawyers have helped nurses accused of:

  • Negligent care
  • Improper billing
  • Improper certification
  • Improper prescription writing
  • Home health fraud
  • Hospice fraud
  • Regulatory violations
  • Statutory violations involving telemedicine
  • Conspiracy to commit health care fraud

Defending Lawyers

Many times, clients rely on legal malpractice law suits as a backup plan if their civil suits do not achieve the results they were hoping for. Time and time again, competent, hardworking lawyers are nonetheless treated as indemnities for unsuccessful litigants. In these cases, no matter how capably the attorneys advocate for their clients, they are still at risk for malpractice claims from frustrated clients looking for deep pockets to recover against. While malpractice insurance policies may cover some or all of a monetary judgment, a malpractice suit may nonetheless stain an attorney’s reputation.

As lawyers ourselves, we understand firsthand what is at stake for lawyers who are accused of malpractice. We realize how distracting and frightening a malpractice can be even for lawyers who have comprehensive malpractice policies. Therefore, the attorneys at Oberheiden & McMurrey strive to defeat and mitigate the potential harm of legal malpractice law suits. We work with our clients’ malpractice insurers to ensure proper coverage of legal defense fees and monetary judgments. We aggressively litigate against frivolous malpractice suits to expose them for what they are – a waste of judicial time and resources. In cases where a close call exists for potential liability, we negotiate with both opposing counsel and our clients’ insurance adjusters to achieve a favorable settlement.

Our Attorneys Will Protect Your License

Oberheiden & McMurrey, LLP, is a group of former federal prosecutors and experienced defense lawyers. Every client at Oberheiden & McMurrey has direct and personal access to one or more senior attorneys; you will not be handed off to secretaries, junior associates, or paralegals.

Why Do Clients Trust Oberheiden & McMurrey?

At Oberheiden & McMurrey, LLP, we built our reputation the hard way – by winning a multitude of favorable outcomes for our clients. Following are some of the primary reasons for the immense trust that our clients have placed in us.

1. Experience

At our firm, you will enjoy the fruits of the decades of experience in complex federal matters that have been accumulated by our attorneys. Of course, our function is not to simply get you out of trouble when federal investigators come knocking, but also to assist you with regulatory compliance before any issues arise. We want to make it far less likely that you will ever undergo a federal investigation in the first place.

2. Perspective

Analyzing a case solely from the client’s perspective can give you a kind of tunnel vision that narrows your options and renders you vulnerable to nasty surprises. We are not limited to that narrow perspective, because several of our attorneys have “switched sides” – so to speak. They enjoyed distinguished careers as federal prosecutors before joining  Oberheiden & McMurrey, LLP, and they bring a valuable and unique “prosecutor’s perspective” to the table. This helps us to anticipate what the prosecution is thinking, what they will likely do, and how to best stop their strategy in its tracks.

3. Results

Two kinds of results matter most  – (i) obtaining favorable liability outcomes, and (ii) resolving your case without spending too much time or money. We are committed to both. A high percentage of our clients walk out of our offices with zero civil or criminal liability, and still others are delighted to discover that we have dismissed indictments, avoided criminal charges, saved provider’s licenses, and won jury trials. We do all of this as promptly and as economically as we possibly can.

4. Teamwork

Investigators and prosecutors can be relentlessly aggressive when they smell blood, and at the federal level, these parties usually work together quite cohesively. You can be certain that the government will assemble a team of investigators, federal agents, and prosecutors, and you will need your own team to respond effectively. We can provide that for you – a team that works cohesively as a single unit.

5. Dedication

Among all our firm’s core values, dedication to our client’s cause is the most central –  nothing falls into place until you care as much about your clients’ interests as you care about your own. If you run into a law firm that lacks this kind of dedication, run the other way as fast as you can – your future is too important to trust anything less than total commitment.

Free Consultation With Knowledgeable Malpractice Defense Lawyers

Contact our experienced attorneys today if you are under investigation or subject to a disciplinary proceeding. We are committed to defend your license and your reputation like our own. When you call us, you will immediately speak to senior attorneys. Our lawyers are available to take your calls seven days a week, including weekends.

Oberheiden & McMurrey, LLP
Litigation – Compliance – Defense
(800) 810-0259
(214) 469-9009
Federal-Lawyer.com

Who Will Handle Your Malpractice Defense?

Oberheiden & McMurrey recognizes the critical importance of your professional license—and that’s how we defend you: vigorously. Our team of former state and federal prosecutors will zealously defend your interest and protect your license against any accusation. If you received notice of a complaint or suit, you should call our experienced attorneys today for a free and confidential evaluation. Let’s make sure you are protected.

Bill C. McMurrey

Bill C.
McMurrey

Dr. Nick Oberheiden

Dr. Nick
Oberheiden

Lynette S. Byrd

Lynette S.
Byrd

Elizabeth K. Stepp

Elizabeth K.
Stepp

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