Health Care Litigation

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At Dickinson Wright, we believe that effective legal advocacy requires not only a comprehensive knowledge of the law but also a thorough understanding of our clients’ industries and businesses. While a traditional litigation attorney can handle routine matters, when facing complex health care litigation matters you need an attorney who not only commands the courtroom but one who also has a thorough understanding of the laws and regulations governing the health care industry.

 

With 18 offices located throughout North America, our health care litigation practice successfully handles disputes in all federal jurisdictions. We represent a broad range of clients in the health care industry, including health care executives, medical professionals, hospitals, pharmaceutical companies, and insurance organizations in every aspect of litigation and dispute resolution from departmental or agency investigations to jury trials and bench proceedings to appellate arguments. Through our representation of a diverse clientele, we are familiar with the difficulties that arise, we have experience resolving them, and we are well-positioned to anticipate industry trends and address the challenges they present.

 

Our Philosophy

 

Understanding that litigation is costly and time-consuming and may damage an organization’s reputation, we proactively address issues and assist our clients with establishing effective risk-avoidance strategies to avoid a trial. But, when action is necessary, our clients benefit from our creative and efficient approach. We are proud of the standing we maintain with judges, the plaintiffs’ bar and governmental departments and agencies, and we are confident that our reputation for excellence and ethical practice directly benefits our clients, whether in the courtroom or during negotiations.

 

Our Team

 

Members of our health care litigation practice are frequently recognized by Best Lawyers®, Super Lawyers®, and other leading evaluating organizations. They also regularly speak at conferences, maintain a  Health Law blog, and publish Client Alerts and other articles that address current developments in the industry.

 

Our Services

 

From medical malpractice to transactional disputes to intellectual property disputes to bankruptcy cases to employment litigation and beyond, our health care litigators have brought and defended a broad spectrum of claims on behalf of our health care clients. Our health care litigation work includes:

 

  • Internal Audits & Investigations

  • Civil Prosecutions

  • Investor & Partnership Disputes

  • Life, Health, & Disability Fraud

  • Medical Malpractice Defense

  •  Federal False Claims Act
  • Medicare & Medicaid Abuse

  • Reputation Management

  • Shareholder Lawsuits

  • Transactional Disputes

  • Unfair Competition

Representative Matters

–Represented several health plans in civil antitrust litigation matters involving allegations of price-fixing, refusals to deal, monopolization, and monopsonization issues.

–Represented a health care provider in a civil antitrust litigation matter regarding denied accreditation by a national certifying organization for anticompetitive reasons.

–Represented a pharmacy sales representative investigated for paying bribes to doctors in exchange for compounding cream prescriptions.

–Investigated a $6 million Medicaid and education fraud scheme, alleging improper Medicaid billing for special education services and the diversion of federal and state education funds for personal expenditures.

–Secured no charges for the CEO of a New York Stock Exchange-listed health care industry company in a federal criminal investigation and a parallel SEC investigation.

–Counsel to healthcare-related parties in litigation arising under the Bankruptcy Code and in connection with healthcare-related investigations arising in insolvency contexts.

–Conducted internal investigations of executives and employees of a major insurance company to uncover violations of company policy or criminal activity.

–Defended an internist in a wrongful death trial in Pinal County involving allegations of failure to diagnose an enlarged cecum leading to colon rupture and death

–Successfully defended at trial a national pharmacy services corporation in a wrongful death lawsuit alleging wrongful dispensing of morphine to an elderly long term care patient

–Obtained a defense verdict on behalf of an emergency physician in a wrongful death lawsuit claiming failure to diagnose a hemothorax.
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