Elizabeth L.B. Greene

Elizabeth is a Partner in Mirick O’Connell’s Litigation Group and a member of the Firm’s Health Law Group. She serves as a counsel for physicians, medical groups, hospitals, and allied health care professionals, defending them in medical malpractice cases, and representing them before their professional licensure boards. Elizabeth also advises providers on medical staff issues, including representing them in corrective action hearings, and advises them and their practice groups in business and professional disputes. She is a vice chair of the Physician Issues Interest Group for the American Bar Association’s Health Law Section. Elizabeth has also served as counsel for insurance companies in life, health and disability insurance claims brought under state law and under ERISA.

Elizabeth has been named a Massachusetts “Super Lawyer” by Boston magazine and Law & Politics every year since 2013. She has been selected as one of the Top Women Attorneys in Massachusetts. She was selected by her peers for inclusion in The Best Lawyers in Americ© 2020 in the field of Medical Malpractice Law – Defendants.  First listed in 2013.

In 2002, Elizabeth was selected by the Worcester Business Journal as one of "40 under Forty" professionals honored for their professional excellence and community service.

Elizabeth shares the Firm’s values and interests in our community. She is an officer and chair of the grants committee for the Reliant Foundation, Inc. She is a board member and chair of the advocacy committee for the American Heart and Stroke Associations, Central MA Division. She is the past chair of the Central MA Division Board for the AHA/ASA, and past member of its Affiliate Board of Directors, where she served on several committees. She has served as a leader in numerous community, fundraising and advocacy events for the AHA/ASA. In 2003, Elizabeth was honored as the AHA's Northeast Affiliate Division Volunteer of the Year; in 2011, she received the Heart of the Mission award; and in 2013, she received the Heart of Gold Honor. 

Bar & Court Admissions

  • Massachusetts
  • U.S. District Court for Massachusetts
  • U.S. Court of Appeals for the First Circuit
  • Boston University School of Law JD (1992)
  • Brandeis University BA (1989)
  • Successfully defended numerous physicians, nurses, medical groups and hospitals in medical malpractice cases at trial and arbitration
  • Obtained jury verdict on behalf of hospital nurse in wrongful death case involving aspiration during induction of anesthesia
  • Obtained jury verdict on behalf of surgeon on claims for breach of informed consent and wrong site surgery
  • Obtained jury verdict on behalf of primary care physician in wrongful death case involving alleged delay in diagnosis of prostate cancer
  • Obtained jury verdict on behalf of neurosurgeon in negligence case alleging failure to diagnose cauda equina syndrome
  • Obtained jury verdict on behalf of medical practice in wrongful death case involving sudden cardiac arrest
  • Obtained jury verdict on behalf of medical practice in wrongful death case involving alleged delay of diagnosis of prostate cancer
  • Obtained arbitration decision in favor of hospital on claim of injury following a visitor’s fall 
  • Obtained arbitration decision in favor of pediatrician on claim of failure to diagnose diabetes in child 
  • Obtained arbitration decision in favor of pathologist on claim of failure to diagnose cancer 
  • Obtained arbitration decision in favor of obstetrician on claim of delayed delivery resulting in brain injury 
  • Obtained arbitration decision in favor of obstetrician on claim of wrongful death of baby and harm to delivering mother
  • Successfully represented physicians and other healthcare providers responding to patient complaints and investigations by their professional licensing boards
  • Represented a disability insurer before the U.S. Court of Appeals for the First Circuit in establishing the scope of de novo review in ERISA benefit claim determinations
  • Obtained a jury verdict in federal district court for an insurer on plaintiff’s disability claim
  • Obtained a ruling on behalf of an insurer in federal district court that the arbitrary and capricious standard of review applies when "proof must be satisfactory to [the insurer]" and that the insurer's disability decision was reasonable
  • Obtained a ruling on behalf of an insurer in federal district court that an administrative record could not be opened to admit evidence generated after a final decision on an ERISA claim

Publications/Presentations

  • Quoted in "Criminal Charges Can Creep Up on Clinicians, Administrators," reliasmedia.com (June 2019)
  • Quoted in "Plan for practice survival if a partner gets caught up in the opioid crackdown," Part B News (April 2019)
  • Moderator, Medical Coding and Billing 303 Master Class, American Bar Association CLE (March 2019)
  • Moderator, The National Practitioner Data Bank Master Class (June 2018)
  • Moderator, Medical Coding and Billing 202, American Bar Association CLE (March 2018)
  • Moderator, Medical Coding and Billing 101, American Bar Association CLE (April 2017) 
  • Quoted in “Insurance: Tails and Types,” practicelink.com (Fall 2014)
  • Co-author, "Medical Malpractice," Massachusetts Superior Court Civil Practice Jury Instructions (MCLE, Inc., 1998; 2003; 2008; 2011; 2014; 2016; 2018 supp.)
  • Contributing author, Misrepresentations in the Life, Health, and Disability Insurance Application Process: A National Survey (ABA, 2009)
  • Co-author, program materials, "Litigating Disability Insurance Claims, Using Investigative Surveillance to Support Your Determination of Functional Capacity," American Conference Institute, June 2008
  • Contributing author, "First Circuit," in ERISA Survey of Federal Circuits (American Bar Association, 2005)
  • Contributing author, Defense Research Institute's Life, Health and Disability Newsletter
  • Contributing author, Mirick O'Connell Life, Health and Disability Newsletter
  • Contributing author, American Bar Association's TIPS Life Insurance Health and Disability Committee Newsletter 

Professional / Community Affiliations

  • American Heart Association, Central MA Division, Board member, past Board chair, and Advocacy Committee chair
  • Reliant Foundation, Inc., Executive Board Committee and Trustee, Grants Committee chair
  • Southborough Extended Day Program, Board of Directors
  • BSA Troop 1, Southborough, Court of Honor coordinator
  • American Bar Association, Health Law Section, chair of Physician Issues Interest Group; member of ADR and Conflict Management in Healthcare Interest Group, and Tort Trial and Insurance Practice Section, Health and Disability Insurance Law Committee, Life Insurance Law Committee, Employee Benefits Committee, and Medicine and Law Committee
  • American Health Lawyers Association
  • Defense Research Institute, Life Health and Disability Committee
  • Massachusetts Bar Association
  • Worcester County Bar Association

Friends of Foes: Privacy and Artificial Intelligence

Headlines proclaiming the next great application of artificial intelligence appear with a great degree of frequency. As much that is true generally, healthcare seems to receive potentially an even greater amount of such announcements. Determining the validity behind the assertions …

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Can I Post That?

For the first time, a medical practice received a HIPAA fine as a result of an online post. The settlement provides a clear lesson on the limitations of social media for healthcare organizations and the need to carefully consider what …

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The Many Forms of HIPAA Enforcement

How is HIPAA enforced? That may be a simple enough question, but it also contains more nuance than may initially be expected. Determining how HIPAA is enforced can depend upon how the term enforcement is viewed and interpreted. The first …

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A Phishing Epidemic: Constant Stream of Reports

Since at least the beginning of the summer, it seems as though no day can go by without another phishing incident being reported by a healthcare entity. The reports are almost always the same too. After some period of time …

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Time to Improve Awareness

Doing the right thing or merely demonstrating compliance with requirements is hard to do when knowledge of expected or necessary requirements is missing or not sufficient. In such a situation, it becomes harder to fault individuals for the resulting missteps …

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Unnecessary Stress: HIPAA and Litigation Requests

While many areas of HIPAA compliance result in confusion and misinterpretation, responding to document requests from parties in litigation is one that has been presenting itself frequently. The classic scenario is Party A and Party B are in a lawsuit …

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Data Use: Who Should Control?

Questions around the state of privacy for healthcare and other information are being left unanswered in many regards. Many services and tools fall outside the “traditional” healthcare realm, which means HIPAA and state-level legal protections focused on the healthcare industry …

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Steps on the Path: Impact of Price Transparency

Healthcare prices vary significantly from one organization to the next for the same services and patients are highly unlikely to know what those prices will be. The issue is a topic of frequent debate and concern for all within healthcare. …

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Preparing for the Worst, or the New Inevitable

With the number of cyberttacks focusing on healthcare for purposes ranging from destruction of data to impersonating a physician or other clinician to just taking data, it is truer than ever that a successful attack is only a matter of …

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Communication Tension or Breakdown

A scenario growing in frequency for physician practices and other healthcare organizations is the desire for patients to communicate with clinicians using the same tools as in everyday life. That desire translates to a preference for text messaging, WhatsApp, Facebook …

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