Healthcare Litigation Attorney

Healthcare Litigation Lawyer

Even with many states passing tort reform legislation, practicing medicine often requires legal representation. One in three medical doctors will be sued at some point in their career. Not every law firm is experienced in healthcare law and practices. If you were recently served with a notice of civil litigation or require representation in court, you will need the services of a healthcare litigation attorney.

The attorneys of Boesen & Snow Law are here to protect your rights and fight for your interests in court. We have helped many medical professionals and pharmacy administrators successfully litigate in court. Whether you intend to initiate litigation or require legal counsel for your defense, our esteemed attorneys will place your interests first.

When Will I Need a Healthcare Litigation Lawyer?

Not all legal matters play out in the courtroom. Many attorneys make their living outside of courtrooms by providing legal advice or reviewing contracts. There are situations where a matter is serious enough to require litigation through the filing of a lawsuit and making arguments before a judge or jury in court.

If your medical practice was recently served with notice of litigation, our lawyers can provide robust legal representation. Our lawyers also have experience initiating litigation to protect the interests of doctors, pharmacies, and medical institutions. Here are several examples of why your medical team may require the services of a healthcare litigation attorney:

Pharmacy Law

Pharmacy law is complex. Any pharmacy in Arizona must follow strict statutes and guidelines regulating how pharmacies distribute and sell drugs. Any lapses in complying with those regulations could lead a governmental agency (whether local, state, or federal) to take legal action against the pharmacy.

Simply being served in a civil suit does not mean that the pharmacy is guilty of anything. If you operate or manage a pharmacy and have been accused of violating often confusing and constantly changing statutes, our law firm can create a defense on your behalf to protect your interests and to rebut any accusations of wrongdoing.

Contracts are another area of pharmacy law that can lead to litigation. If an employee is terminated, they may file a wrongful termination if they believe the termination breached the terms of their contract. For example, contracts describe vacation and holiday allotments that have to be honored. If the employee is fired for taking allowable time off, they may have grounds for filing a claim. This is one reason why hiring an experienced law firm to draft or approve contracts is vitally important.

Potential contracts that a pharmacy may need can include:

• HIPAA/HITECH privacy agreements
• Laboratory contracts
• Payor-provider agreements
• Nondisclosure agreements
• Supplier contracts
• Confidentiality agreements
• Physician agreements

Your healthcare business may encounter contract disputes. Most disputes can be addressed by referring to the contract. If that doesn’t work, you may need to hire an attorney to begin mediation, arbitration, or litigation of some sort. Pay-provider agreements are easily one of the most confusing contracts. When both parties cannot agree on how to resolve a contract dispute, litigation can settle the matter.

License Defense

There may be situations where litigation is required to defend your license. Healthcare providers spend a great deal of money, time, and effort earning their licenses. Independent regulatory boards oversee licensing for healthcare providers. These boards set standards for healthcare professionals. Even diligent healthcare providers may be threatened with an investigation that may require them to hire an attorney.

Medical licenses can be taken away if the healthcare provider does not comply with legal statutes or rules that govern their profession. The attorneys at Boesen & Snow Law have many years of experience helping medical professionals defend their licenses. Pharmacists, surgeons, dentists, veterinarians, and even massage therapists can require legal representation to defend against litigation.

Regulations and Compliance

Governmental agencies like the Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and even the Environmental Protection Agency (EPA) oversee regulations at hospitals, pharmacies, and other areas that provide treatments.

Although guidelines are often complicated to understand and remember, non-compliance with any existing law or statute can lead to serious legal problems for medical professionals. Pharmacies are particularly closely regulated due to ongoing opioid abuse problems.

Pharmacies must comply with regulations in the following areas:

• Billing Compliance: This includes keeping updated and accurate records pertaining to billing and other business transactions.
• Fraud Prevention: Businesses, including healthcare companies, are expected to take reasonable steps to prevent fraud from inaccurate billing or invalid prescriptions.
• Maintaining Compliance: Once policies and procedures are set up, the work isn’t over. Pharmacies must take steps to monitor compliance practices. Steps should also be taken to ensure that current policies are effective.

If your business is being sued for failure to comply with regulations, you will want to hire an attorney as soon as possible. Allegations of regulatory non-compliance can lead to monetary damages or loss of licenses or certifications.

Ideally, you’ll want to hire an attorney before legal trouble arises. Our law firm can provide guidance on how to maintain your business within state and federal guidelines. One of our lawyers can even ensure you comply with compliance policies before financial problems arise. Compliance with regulations ensures that patients are kept safe, which ensures that your company is successful.

What Happens If I Am Sued?

Litigation can be a stressful experience. There are never guarantees in court, but the right legal representation can greatly improve the chances that your case will end favorably. Typically, the burden of proof falls on the plaintiff, who has to prove that a preponderance of evidence shows that the defendant failed to follow a law or statute.

Our attorneys will handle court filings, negotiations, investigations, and other important aspects of your case so you can focus on managing your healthcare practice. Once a claim is filed, the defendant responds to the accusation. Typically, there is a denial of the accusations. The next phase involves investigations, depositions, and negotiations between the two parties. Given the often high cost of litigation, there are cases where an agreed settlement is in the interests of both parties.

Depositions are recorded testimony from parties tied to the case. Depositions allow both parties to better understand the circumstances surrounding the case. This can influence the mediation process or motivate one party to go to trial.

If both parties cannot agree upon a settlement, the case will go to trial, where a jury decides if the defendant is at fault and what damages are allotted to the plaintiff. Civil cases can last anywhere from a few months to more than a year, depending on the complexity of the case and how full the court’s docket is.

FAQs

Q: What Is the Role of the Legal Department in Health Care?

A: Some hospitals and partnerships retain attorneys as a precaution, while others hire legal counsel when needed. Due to the complex rules, laws, and regulations governing the healthcare system, attorneys play a critical role in healthcare. Proper legal representation can prevent regulatory agencies from taking legal action. In the event that a former patient, employee, or governmental agency files a claim, our attorneys can represent your healthcare business in court.

Q: What Is the Most Critical Law That Regulates the Healthcare Industry?

A: There is not a single law that is the most critical to the healthcare industry, but there are many laws that should be taken very seriously. One of the biggest dangers for any doctor is the possibility of losing their medical license. Therefore, our firm takes steps to help our clients follow all rules set by independent governing boards that oversee healthcare licensing.

Federal laws governing pharmacies are another critical area that we help our clients navigate. There is no room for error when it comes to compliance with government regulations.

Q: What Are the Primary Sources of Law in Healthcare?

A: City, state, and federal laws and statutes govern how healthcare is provided to patients. Beyond governmental rules and laws, independent regulatory boards set additional requirements for the personal and professional behavior of medical professionals. Because healthcare is a business, laws governing contracts and workplace protections also apply to hospitals, clinics, and pharmacies. The EPA, DEA, and FDA also oversee regulations that apply to healthcare providers.

Q: What Is Healthcare Litigation?

A: Healthcare litigation refers to legal measures taken through a court system. This could refer to filing a claim, responding to motions, making legal arguments in court, or defending a client in court. Not all law firms have experience in litigation, but our lawyers understand how to file civil claims and defend clients from litigation. Even careful and diligent healthcare providers and business owners occasionally require the legal services of a firm like Boesen & Snow Law.

Schedule Your Consultation with Boesen & Snow Law

Even the most careful and diligent pharmacies and medical practices can require the services of a healthcare litigation lawyer. If you have recently been sued for breach of contract, non-compliance with regulations, or another legal issue, the attorneys of Boesen & Snow Law are here to help. We understand the legal services required by healthcare providers because we represent doctors, pharmacists, and a wide range of medical professionals. To schedule your consultation, contact our Arizona office today.