Health Law - Litigation

Our Health Law Group frequently defends physicians, nurses, hospitals and medical groups in medical malpractice claims. We represent healthcare clients in business and professional disputes. We represent physicians and other healthcare providers before their respective professional licensing boards. The Health Law Group guides clients through responding to investigations by federal and state governmental entities, including the Department of Health and Human Services Office of the Inspector General, the Center for Medicare and Medicaid Services, the Department of Justice and state Attorney General offices, including investigations into alleged healthcare fraud and medical billing issues. The Group has extensive experience representing hospitals, clinics, physician practices, nursing homes, and medical device manufacturers before state and federal courts, the MCAD and the EEOC in labor and employment disputes, including defense of wrongful termination claims, breach of contract allegations, as well as discrimination, harassment and retaliation claims. The Group also represents clients with unionized workforces in defending grievance and arbitration claims, unfair labor practice charges and in collective bargaining negotiations and strategies.

Practice Chair

HealthTech Magazine Recognizes The Pulse: Mirick O'Connell's Health Law Blog

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Matt Fisher quoted in Physicians Practice, "4 ways to reduce the risk of a suit"

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Matt Fisher quoted in Physicians Practice "5 Guaranteed Ways to Get Sued"

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Business Associate Agreement Hot Points

If an organization is involved in healthcare, whether as a provider, facility, consultant, vendor or in almost any other capacity, it is highly likely that HIPAA applies to internal operations and relationships with other parties. As should be well known, …

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Put People Into Focus: HIMSS19 Theme

People as individuals and human beings are regaining an appropriate central focus in healthcare. The shift in thinking of putting relationships back to the front and center was especially evident during the annual mass gathering of the healthcare information technology …

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When is Enough, Enough?

An easy to overlook aspect of the HIPAA Privacy Rule is the requirement that all uses and disclosures be of the “minimum necessary” amount of protected health information. That means the least amount of information needed for the intended purpose …

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What’s the Goal: HIPAA Enforcement

Compliance with HIPAA and the attendant privacy and security requirements is a frequent topic of discussion. Discussions around compliance are driven by the daily reporting of breaches and the probably more than daily issues faced by patients, clinicians and others …

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HIPAA Musings: Random Thoughts on Privacy and Security

With the holidays quickly receding, there was some time for reflection. When given that time (and honestly spurred to some degree by the HIPAA request for information), different issues about HIPAA wandered through my mind. With so many issues to …

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HIPAA: Open Season for Comments

The Office for Civil Rights is now seeking comments on whether certain aspects of the HIPAA privacy and security rules should be modified. The Request for Information is purely a solicitation of comments and ideas from the public on whether …

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Picking Up the Pace: More HIPAA Settlements

After a slow start to the year in terms of HIPAA settlement, the Office for Civil Rights (OCR) is trying to finish the year with a bang. Since September 20, 2018, OCR has announced four different HIPAA settlements. The nature …

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Holding Data Hostage: No Good Alternatives

It had been a while since an electronic medical record (“EMR”) vendor or any other vendor withheld access to data, but it has happened again. As first reported by databreaches[.]net, there is a brewing dispute between Key Dental Group, PA …

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Sins of Others May be Visited on Employer

Healthcare organizations are learning tough lessons that actions of employees can come back with serious consequences to the organization. When it comes to maintaining the privacy and security of patient data, no action comes without a consequence. While some actions …

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Healthcare Startups: Don’t Forget About Regulations

  Healthcare has become a hotbed for startups of all kinds from new provider models to insurance companies to health technology. No matter what area of healthcare is targeted by a startup, the desire is to proceed with innovation or …

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