Health Care Advocacy

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Buckner Wellford
 

Baker Donelson's Health Law Advocacy Group includes a multidisciplinary team of attorneys with a wide spectrum of experience in the health care industry. Our experience includes a wide array of litigation and regulatory matters, including the representation of health care providers in commercial disputes as well as regulatory and governmental issues at the state and federal levels. The Firm has a number of experienced litigation attorneys who defend health care providers and entities in medical negligence as well as credentialing cases.

Our attorneys represent health care providers in medical negligence cases in Tennessee, Mississippi, Alabama, Georgia and Louisiana, with clients ranging from physicians and hospital systems to long term care providers. Best Lawyers in America® 2011 ranked the Firm first in the country for medical malpractice defense.

Representative Matters

  • Defense of multi-facility hospital system based in Tennessee with more than 12,000 employees in over 200 medical negligence cases and claims, as well as providing advice on risk management policies and procedures.
  • Defense of long term care facilities in Tennessee and Mississippi in numerous active cases and claims.
  • Defense of liability insurance carriers for physicians in Tennessee and Georgia in numerous cases and claims.
  • Defense of national hospital system based in Florida in physician peer review disciplinary actions and related litigation in Florida, Georgia, and North Carolina.
  • Defense of national hospital system based in Texas in medical negligence and related regulatory actions in Louisiana.

Health System Representative Matters

  • On behalf of multi-facility Tennessee-based hospital system, oversaw a more than 50% reduction in the active status of more than 75 medical malpractice cases within one year of being transferred to the Firm for representation.
  • Summary judgment affirmed in federal court case filed in Georgia seeking damages from health care entity and Board of Directors on grounds of immunity under Health Care Quality and Improvement Act.
  • Enforcement of contractual choice of venue clause and entry of order permitting inference of spoliation of evidence in federal court litigation filed against national hospital management corporation alleging theories of breach of contract and fraud.
  • Summary judgment affirmed for defendant physician in medical malpractice case in Tennessee after successful challenge of credentials of plaintiff expert witness during cross examination at trial.
  • Jury verdict for defendants in "wrongful birth" case filed against family practice physicians in Tennessee.
  • Successful arbitrations following objections from plaintiffs and court orders enforcing arbitration provisions in Tennessee for national long term care provider.
  • Successful appeals of nursing home survey deficiencies for long term care facilities in Tennessee.
  • Summary judgment for psychologist in suit brought by family members following submission of report in child custody case.
  • Defeated summary judgment motion in federal court filed by a foundation seeking to prevail on a claim for $15 million in damages based upon a guaranty related to the purchase of a hospital against our client, a large health care corporation.
  • Successfully appealed and overturned the determination by a government benefits administrator that a Mississippi physician had been overpaid for services to Medicare patients. The administrator had extrapolated that the provider had been overpaid nearly $75,000 before the case was overturned.
  • National trial counsel for physician practice management company. Responsible for supervision of local counsel and trials in four states in all breach and/or termination of management contract cases. Settled all suits through negotiated dissolution of practice management relationship and payment of negotiated management fees.
  • Defended physician practice management company in common law fraud and misrepresentation, state and federal securities law fraud and breach of contract claim brought by 18 orthopedic surgeons and their clinic. Negotiated dissolution of practice management relationship, termination of management contract and payment of management fees of $3.5 million.
  • Defended community hospital in suit by terminated hospital/home health management company for alleged wrongful termination and breach of management contracts. Negotiated nominal settlement. Termination of hospital/home health management contracts validated in settlement.
  • Represent six health maintenance organizations (HMOs) and state trade association in seeking intervention and appeal to challenge consent decree granting enhanced procedural due process for state Medicaid recipients. Intervention granted; appeal pending before U.S. Court of Appeals.
  • Defended HMO in express contract, declaratory judgment, conversion, unjust enrichment and Consumer Protection Act action seeking increased compensation for out-of-network hospital. Judgment for defendant on four of plaintiff's five claims; appeal pending on fifth claim in Tennessee Court of Appeals.
  • Represented six of seven HMOs administering TennCare (Medicaid) benefits to Tennessee Medicaid beneficiaries in class action brought by class of beneficiaries alleging due process and other violations. Baker Donelson's clients allowed to intervene to challenge consent decree entered by plaintiffs and state defendants.

Medical Negligence Representative Matters

  • Jury verdict for spine surgeon in case alleging lack of informed consent and improper surgery resulting in permanent injuries to spine and upper extremities.
  • Defense verdict for general surgeon in jury trial alleging lack of informed consent prior to thyroidectomy causing permanent hoarseness.
  • Defense verdict for cardiologist in death case involving post-operative infection.
  • Defense verdict for cardiologist in wrongful death action alleging damages from side effect of administration of anticoagulants.
  • Defense verdict for internal medicine physician in six-week wrongful death trial alleging failure to diagnose syndrome after broken hip.
  • Defense verdict for internal medicine physician in case alleging kidney failure due to prescription of medication for gout.  
  • Defense verdict for pediatric gastroenterologist in case involving an alleged adverse reaction to administration of Versed during procedure.
  • Defense verdict for orthopedic surgeon in case alleging injuries following breakage of intramedullary operative rods implanted in femur following traumatic injury.
  • Defense verdict for cardiologist following development of "false aneurysm" after catherization procedure involving femoral artery.
  • Defense verdict for rehabilitation hospital in case alleging improper transportation of patient following therapy resulting in broken femur and permanent disability.
  • Defense verdict for pulmonologist in a suit alleging failure to restrain patient postoperatively causing injuries from a fall.
  • Defense verdict for orthopedic surgeon in case alleging injuries resulting from fractured kneecap following manipulation under general anesthesia of lower extremity of patient injured in car wreck.
  • Successful resolution of administrative charges filed against physician in licensing proceeding related to supervision of unlicensed technician in office.
  • Defense verdict for OB/GYN in case alleging wrongful death of newborn resulting from use of vacuum extractor.
  • Defense verdict for radiologist in case alleging negligent interpretation of nuclear medicine scan and resulting myocardial infarction.
  • Earned a full defense verdict in the second nursing home/medical malpractice arbitration in the State of Tennessee.
  • Arbitrated the first case to go to arbitration for one of the largest nursing home chains in the country.
  • Tried to final verdict the first nursing home wrongful death case to go to trial with a verdict which was less than half of the last settlement offer.
  • Numerous summary judgments or other dismissals of physicians prior to trial in the following specialties: pulmonology, neurology, gastroenterology, OB-GYN, neurosurgery, general surgery, orthopedic surgery, dermatology, oncology, urology, radiology, family practice, ophthalmology, otolaryngology, cardiovascular surgery and nephrology.
  • Built and managed nationwide discovery database for one of largest privately owned long-term care owner/operators in the nation.