Health Law - Litigation

Our Health Law Group has an extensive track record of success defending physicians, nurse practitioners, physician assistants, nurses, and other medical clinicians, as well as hospitals and medical groups in medical malpractice claims in state and federal courts, and through alternative dispute resolution. We represent healthcare clients in business and professional disputes. We represent physicians and other healthcare clinicians 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.

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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More HIPAA and Telehealth

As the telehealth flood gates are being opened, privacy and security considerations still remain. HIPAA will continue to lurk in the background even with the Office for Civil Rights (“OCR”) pre-announcing the exercise of discretion to not enforce telehealth related …

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Regulatory Developments: COVID19 Disruption

The declaration of COVID19 as a pandemic and the United States declaring a national emergency to help contain and enhance treatment access have resulted in a number of changes to ease potential regulatory burdens or barriers in healthcare. Like so …

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Before Casting Stones, Check Own House

The first HIPAA settlement of 2020 brings home a couple of key considerations for compliance. The first consideration is to be comfortable with one’s own level of adherence to HIPAA before filing a report (even a necessary one) that will …

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Balancing the Data Equation

Who owns healthcare data? Who can access healthcare data? Who can control how healthcare data are used? Those three questions can form the basis for going into any number of directions in the discussion around healthcare data. The questions will …

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When Patients Meet HIPAA: Addressing Common HIPAA Access Questions In Real Life

When individuals seek access to medical records or information, the process can often prove frustrating and labyrinthine. The long and convoluted process can arise from an unintentional misunderstanding of HIPAA (or state law) requirements, or an absence of knowledge. Concerns …

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Access or Privacy: False Juxtaposition

As the healthcare industry awaits a final rule on information blocking and enabling easier access to data by individuals, divisions are becoming more apparent between patients and individuals on the one hand and some portions of the healthcare industry on …

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Refresher on HIPAA Compliance

The start of a new year represents new opportunities to refocus on HIPAA compliance efforts. Ransomware and phishing attacks seem to be drawing the majority of recent headlines, but a couple of human-based incidents have also come out recently. The …

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HIPAA Year in Review

HIPAA experienced yet another year of attention, questioning, and enforcement. The issues around in 2019 were not necessarily new, though arguably approaches are beginning to change. Getting a handle on the issues may provide a means for better adherence to …

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Up for Another Round with HIMSS: Inaugural Digital Influencer

After being honored to participate in the HIMSS Social Media Ambassador program for four years, it is a great pleasure to continue contributing to and partnering with HIMSS as one of the ten inaugural members of the new Digital Influencer …

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Trust: Hard to Win, Easy to Lose

Debates around the privacy of healthcare data have been raging for years. The flames were fanned to new heights after an arrangement between Google and Ascension Health was revealed. Once the immediate (not necessarily accurate) reaction of claiming that the …

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