Dramatic transformation of the healthcare industry and the increase in the number and complexity of business arrangements has lead to the proliferation of business disputes and litigation in the healthcare field. Healthcare businesses are frequently involved in traditional commercial disputes, such as collection matters, business torts and consumer fraud matters, as well as the types of business disputes unique to the highly regulated nature of healthcare businesses. Combining our expertise in the regulatory aspects of healthcare delivery, understanding of the business side of the healthcare industry and the mastery of business law, we confidently handle all litigation concerns facing healthcare providers.
We represent our clients in courts, arbitration, mediation, and administrative proceedings. We try to approach all business disputes so as to minimize disruption to our clients' practices. We also understand that litigation matters can have unintended consequences in the form of potential government investigations and professional misconduct proceedings and guide our clients accordingly.
Partnership and shareholder disputes are common in the healthcare industry. An unavoidable aspect of doing business is that amicable business relationships among partners, corporate officers and directors, employees and employers, competing businesses, etc. occasionally sour. Whether as a result of retirement, death, disability, or unresolved professional or personal disputes, the breakup of an established physician practice or the departure of one or more of the physicians in the practice can be a trying ordeal for everyone concerned. We understand the financial, ethical, professional, and emotional issues that come to play during partnership disputes. Of course, even when a practice has in place the necessary documents, not every issue will be covered, and often the agreements reached by the parties may have become stale with time. We try to negotiate pre-litigation resolution of most disputes, but, when negotiations fail, we represent and guide healthcare providers through the difficulties and challenges of litigation or arbitration.
In addition to partnership or shareholder disputes, our attorneys handle litigation and arbitration of specialized types of business disputes involving healthcare providers, including:
We defend providers in government and qui tam actions brought under the federal Anti-Kickback statute, Stark self-referral laws and regulations, False Claims Act, and similar state laws. Such claims often begin with an internal compliance audit, government audit, a third party payor investigation, the filing of a lawsuit or upon receipt of a subpoena from a governmental entity. We also represent healthcare professionals in disputes regarding staff privileges, misconduct, credentialing, employment, contractual arrangements, compensation and problems arising from partnerships and joint ventures. We are frequently called upon to litigate and arbitrate labor and employment issues involving healthcare practices, as well as real estate-related litigations and other traditional business litigation matters.
We are experienced in the full range of litigation confronting healthcare professionals and are committed to achieving the best possible resolution for our clients in federal and state trial and appellate courts.