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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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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