Elizabeth L.B. Greene

Elizabeth is a partner in Mirick O’Connell’s Litigation and Health Law Groups. 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 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. 

In 2020, Elizabeth was recognized as one of the "Top Women of Law" by Massachusetts Lawyers Weekly. 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 America© 2021 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 chair of the Board of Trustees and co-chair of the grants committee for Reliant Foundation, Inc., where she previously served as chair of the grants committee and as a Foundation Board trustee since 2011. She serves on the board of directors and as chair of the advocacy committee for the American Heart and Stroke Associations, Central MA Division, which she rekindled in the region 23 years ago. She is a past chair of the Central MA Division Board for the AHA/ASA, and past officer and member of its Affiliate Board of Directors, where she also served on several committees. Elizabeth has served as a leader in numerous community, fundraising and advocacy events for the AHA/ASA. In 2020, Elizabeth received the Eastern States Legacy Leadership Award from the American Heart Association; in 2013, she received the Heart of Gold Honor; in 2011, she received the Heart of the Mission award; and in 2003, Elizabeth was honored as the AHA's Northeast Affiliate Division Volunteer of the Year. 

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 “Provider Relief Funds Require Strict Compliance Program,” Healthcare Risk Management (December 2020)
  • Featured in “Movers & Shakers for 12/6,” Milford Daily News (December 6, 2020)
  • Quoted in “What to Do When Malpractice Allegations Becomes Defamation,” Hospital Peer Review (November 11, 2020)
  • Featured in “Southborough Residents Names to 2020 Massachusetts Super Lawyers List,” The Villager (November 10, 2020)
  • Quoted in “Questions Raised Over Clinician Discipline in COVID-19 Era,” Relias Media (October 14, 2020)
  • Featured in “Southborough Resident Receives 2020 Top Women of Law Award,” Wicked Local (September 4, 2020)
  • Featured in “Greene Names as One of Top Women of Law,” Community Advocate (August 17, 2020)
  • Featured in “Movers and Shakers,” Waltham News Tribune (August 9, 2020)
  • Featured in “Movers and Shakers,” Milford Daily News (August 9, 2020)
  • Featured in “Movers and Shakers,” MetroWest Daily News (August 8, 2020)
  • Featured in “Elizabeth L.B. Greene (‘92) Honored Among Top Women of Law,” Boston University School of Law (August 5, 2020)
  • Quoted in “ Avoid Common Mistakes in Handling Medical Malpractice Claims,” Healthcare Risk Management (July 21, 2020)
  • Quoted in “When Patient Refuses to Wear a Mask, Stand on Rights or Work to Accommodate,” Part B News (June 7, 2020)
  • Quoted in “Health Foundation Grants Deliver Results Across Central Mass.,” Worcester Telegram & Gazette (January 19, 2020)
  • 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; Advocacy Committee chair; Vaping Task Force chair; Heart Walk chair; Heart & Stroke Executive Committee member
  • Reliant Foundation, Inc., Board of Trustees vice-chair and chair-elect; Grants Committee chair; Executive Leadership Committee member
  • Southborough Extended Day Program, Board of Directors
  • BSA Troop 1, Southborough, Court of Honor coordinator; Board of Review panel member
  • 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

Reminder, Provide Access to Data

Another Settlement The Office for Civil Rights started 2021 off with another settlement of alleged non-compliance with the HIPAA right of access. The settlement, as noted by OCR, is the 14th right of access settlement since OCR began its targeted …

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Looking Ahead: Promise After a Tumultuous Year

Every year brings its own successes and trials, but 2020 brought more than its fair share of trials. The biggest issue that dominated healthcare throughout the year (and will continue to do so into 2021) was COVID-19. The unexpected, swift, …

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HIPAA Progress: Incremental or By a Leap?

After a bit longer of a delay than was initially expected, the Department of Health and Human Services released a proposed rule to change pieces of HIPAA. The proposed rule is the outcome from a request for information that closed …

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Step By Step: Incremental Telehealth Change

Building on years of hype and promise, telehealth began to get its moment in early 2020 when COVID-19 brought much of the healthcare system to a halt as a means of enabling care to be focused on the growing pandemic. …

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Too Many Threats, Too Often

It used to be that almost a day could not go by without the report of a phishing attack. Now seemingly a day cannot go by without a ransomware attack being reported. While phishing may be a route in, it …

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Access Management: Who Can be on the System

Who can be on a healthcare organization’s system and who can access patient information? HIPAA establishes very clear guidelines and expectations on that front. The baseline expectation is that only individuals who are actually part of an organization’s workforce can …

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National or Local: How Should Privacy be Determined

The debate around privacy that had been forefront of mind for many prior to COVID-19 disrupting everything has not gone away. Instead, privacy has been simmering in the background, every so often be thrust into the spotlight during the course …

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Protect the House: Focus on Security on All Fronts

Not a day can go by without the importance of security being underscored as the means by which privacy can be maintained. Data breaches continue to be disclosed daily, if not more frequently, HIPAA settlements are coming fast and furious …

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Head In the Sand Leads to HIPAA Fine

Continuing a hot streak in the fall of 2020, the Office for Civil Rights announced another HIPAA settlement with a business associate on September 23, 2020. The $2,300,000 fine was imposed on a business associate following a months long cyberattack …

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Deny Patient Access at Own Risk

The Office for Civil Rights (“OCR”) continues its recent attention to enforcing an individual’s right of access under HIPAA. The latest step is the concurrent announcement of five settlements with various entities for alleged failures to provide records upon request. …

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