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.

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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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Getting Measured for Stripes: Increasing Criminal HIPAA Violations

It has been just over three years since the first post about criminal HIPAA violations in this blog. At that time, a couple of stories over the span of a few weeks raised some eyebrows. The 2015 stories appeared to …

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Attack of a Paper Tiger: Ignoring Own Policies Leads to HIPAA Fine

On June 18, 2018, the Office for Civil Rights released a decision and memorandum from an Administrative Law Judge following a dispute over HIPAA fines imposed against The University of Texas MD Anderson Cancer Center (“MD Anderson”). The decision for …

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Privacy Invasion or Smart Marketing: Geofencing in Healthcare

The healthcare industry got a loud introduction to geofencing marketing recently. The headlines were driven by a law firm targeting individuals going to an emergency room. In particular, the ads attempted to lure individuals into a personal injury suit. The …

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To Audit or Not?

Questions often arise as to what terms need to be and should be included in a business associate agreement. The distinction between “need” and “should” is very important. The regulations implementing HIPAA set out what “needs” to be included as …

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An Unnecessary Privacy Risk?: Online Nursery Photos

Privacy and security of personal information are topics of constant discussion inside and outside of healthcare. Current events keep the heat on as one or the other never strays very far from headlines. The Facebook breach/expected use of data (angle …

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Bundled Payments: Fueling Drive to Value Based Care

Value based care comes in many forms, but the consistent goal is to reward the quality of care over the quantity of care. A variety of initiatives have been floated in the past few years with the goal of promoting the …

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Nothing Comes for Free

Many websites, mobile applications, software solutions and similar solutions are offered for “free.” The services are free from the perspective that there is no cost to acquire or use the service. However, as the famous saying used commonly by the …

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You Received a Letter from OCR, Now What?

At some point in time most group practices, hospitals or other provider organizations will receive a letter from the Office for Civil Rights (“OCR”). The letter will state that OCR received a complaint from a patient, employee or some other …

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Reflections from HIMSS18

Every year the HIMSS Annual Conference generates a tremendous amount of opportunity, promise, hype and more. While many pronouncements are usually made at the conference, the question always arises what will stick following the conference. From that perspective, a few …

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Monthly Data Breach Roundup: Hacking and Insiders in the Lead

The Breach Barometer published monthly through the joint effort of Protenus and Databreaches.net provides a fair amount of insight into data breach happenings. As noted in the report, the findings are based upon information obtained through searching records and releases, not …

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