Heidi R. Hoffecker

Heidi R. Hoffecker, shareholder in the Chattanooga office, is a litigator, practicing in many areas of civil litigation, with special experience in health care litigation, including defense of long term care facilities, professional negligence claims and products liability. She counsels clients on risk management techniques and avoidance, and is well versed in the regulatory and administrative aspects of her health care clients' industries.

Representative Matters

• Defeated opponent's petition for injunction against long term care client in case involving change of ownership and contracts with service providers.
• Secured victory against federal agency in case involving certification of long term care facility.
• Forced dismissal of long term care client in abuse and neglect case where client was subsequent owner/operator.
• Won contested conservatorship petition to benefit individual with intellectual disabilities.
• Successfully negotiated very favorable settlement in breach of commercial lease.
• Successfully negotiated favorable terms in physician employment agreements.
• Successfully argued and won dismissal of statutory abuse and neglect claims against long term care provider.
• Won defense verdict in favor of physicians in case alleging negligent interpretation of prenatal ultrasounds, resulting in "wrongful birth" of child with disability.
• Built and managed nationwide discovery database for large nursing home chain.
• Successfully enforced arbitration agreement in case filed by former employee against nursing home employer.
• Won defense verdict in favor of OB/GYN in case alleging wrongful death of full-term infant from use of vacuum extractor.
• Won defense verdict in favor of radiologist in case alleging failure to diagnose impending myocardial infarction with nuclear medicine studies.
• Argued and won issue of first impression before Tennessee Court of Appeals as to existence of cause of action in Tennessee for wrongful resuscitation/birth.
• Won defense verdict in favor of municipality in case alleging unconstitutional taking of property.
• Tried several medical malpractice trials before juries, all of which resulted in hung juries with subsequent nominal settlements prior to retrial.

Publications & Speaking Engagements

• "Out of the Ashes: Tennessee Patient Safety and Quality Improvement Act of 2011," Making a Difference, Baker Donelson Long Term Care Newsletter, Volume 2011, Issue 3
• "Tennessee Tort Reform: The Effects on Long Term Care Providers," Making a Difference, Baker Donelson Long Term Care Newsletter, Volume 2011, Issue 2
• "Good Cause Payment Suspension," Making a Difference, Baker Donelson Long Term Care Newsletter, May 19, 2011, Issue 1
• "What to Do When the OIG or FBI Shows Up," Baker Donelson Long Term Care Symposium presentation, November 2010
• "Medicare Secondary Payer Act: MMSEA Section 111 Amendments," presentation for Corporate Counsel Pro Bono Initiative CLE, Nashville, TN, March 27, 2010
• "New Reporting Requirements of the Medicare Secondary Payer Provisions," American Health Lawyers Association LTC Advisor, November 2009
• "Nursing Home Litigation in the Coliseum," Making a Difference, Baker Donelson Long Term Care Newsletter, 2009, Issue 3
• "Surveys on Care Issues: Results Show Nursing Homes Should Redouble Quality Improvement Efforts," Baker Donelson Long Term Care Newsletter, 2008, Issue 1
• "The Evolution and Erosion of the Attorney-Client Privilege and Work Product Doctrine," Baker Donelson Litigation News, Fall 2006. Reprinted in Lorman Education Services, Legal Update, December 2006; Inland Counties Association of Paralegals, ICAPtions, Spring 2007
• "Nursing Home Litigation," New York State Health Facilities Association, Annual Meeting, February 2006
• "Coordinating Nationwide Discovery," presentation to Defense Counsel Panel Meeting for one of largest privately owned nursing home chains in the country, September 2005
• "Civil Rights Law — Right to a Free Appropriate Public Education under the Individuals with Disabilities Education Act—Reimbursement for Private School Tuition," Tennessee Law Review (Winter 1995)

Professional Honors & Activities

• Member – Chattanooga, Tennessee, American and Federal Bar Associations
• Member – American Health Lawyers Association
• Member – Defense Research Institute
• Member – Tennessee Defense Lawyer Association
• Recipient – Baker Donelson's 2011 Chattanooga Office Pro Bono Award
• Member – Ray L. Brock, Jr. & Robert E. Cooper American Inn of Court
• Editor – Making a Difference, Baker Donelson Long Term Care Newsletter
• Staff – Tennessee Law Review (1994 – 1995)

Admissions

• United States District Court for the Western District of Tennessee, 2009
• United States District Court for the Eastern District of Tennessee, 1997
• Tennessee, 1996

Education

• University of Tennessee College of Law, J.D., 1996
• Maryville College, B.A., 1990