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 America ©2018 in the field of Medical Malpractice Law – Defendants (Copyright 2018 by Woodward/White, Inc., Aiken, SC.) Listed since 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 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 nurses responding to complaints from the Board of Registration in Medicine and Nursing
  • 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 “Insurance: Tails and Types,” practicelink.com (Fall 2014)
  • Co-author, "Medical Malpractice," Massachusetts Superior Court Civil Practice Jury Instructions (MCLE, Inc., 1998; 2003; 2008; and 2011 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
  • Southborough Extended Day Program, Board of Directors
  • BSA Troop 1, Southborough, Court of Honor coordinator
  • American Bar Association, Health Law Section, vice 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