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Monica A. Frois

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Monica Frois concentrates her practice on health care matters as well as complex litigation, insurance coverage, legal ethics and professional responsibility litigation.

Featured Experience

Extensive representation of physicians, nurses and all types of providers in licensing board matters.
Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory matters.

Provided Health Care Reform Act (HCRA) counsel to various industries.

Professional Biography

Overview

Ms. Frois represents health care systems, behavioral health systems, hospital service districts, hospitals, physicians, dentists, medical groups, staffing agencies, long term care institutions, home health care providers, Medicare advantage companies and numerous other health care providers on operational, compliance, HIPAA privacy and security, regulatory and transactional issues and a wide variety of litigation. With four years of service on the Hearing Committee for the Louisiana Attorney Disciplinary Board – 2004 to 2008 – she brings extensive experience dealing with attorney disciplinary matters, legal malpractice and professional liability.

Ms. Frois has tried numerous cases, with over 40 reported decisions in both state and federal jurisdictions. Ms. Frois also has extensive appellate advocacy experience and has appeared before the Louisiana Supreme Court and every Louisiana Appellate Circuit Court except one. Ms. Frois has handled appellate matters involving constitutional issues, class actions, medical malpractice, health care, insurance, property and casualty. Many of these cases have involved issues of first impression in Louisiana.

Ms. Frois was appointed by the president of the Louisiana State Bar Association to serve on the Medical/Legal Interprofessional Committee of the Louisiana State Medical Society and Louisiana State Bar Association, a role which merged her experience representing the health care and legal industries. She is a Fellow in the Louisiana Bar Foundation and was selected for membership in the International Association of Defense Counsel, an invitation-only professional association comprised of the top corporate and insurance defense lawyers around the world. She has held several IADC committee offices and currently serves as chair of the IADC's Diversity Initiative worldwide. Ms. Frois was recently selected to become a member of the Council on Litigation Management, which is an alliance of corporations, law firms and service providers committed to furthering the highest standards of litigation management.

Ms. Frois has been named a "Top Lawyer" in the area of health care law by New Orleans magazine since 2007 and was selected to the New Orleans CityBusiness' "Leadership in Law" list in 2009 and in 2012. She was also named to the New Orleans CityBusiness' "Women of the Year" list in 2010, which recognizes 50 women who have helped move the region forward with energy, innovative ideas and commitment to excellence. Ms. Frois has been listed in Louisiana Super Lawyers since 2010 and has been named to the publication's top attorney lists including the top 25 female attorneys in Louisiana (2011 – 2015), the top 50 attorneys in Louisiana (2012, 2013) and the top 50 attorneys in New Orleans (2013). Since 2006, Ms. Frois has been recognized in The Best Lawyers America® in Health Care Law, Insurance Law, and Medical Malpractice Law and was named the Best Lawyers' 2017 New Orleans Health Care Law and 2012 New Orleans Medical Malpractice Law - Defendants "Lawyer of the Year." She also holds an AV® Preeminent™ Peer Review rating from Martindale-Hubbell.

Representative Matters
  • Extensive representation of physicians, nurses and all types of providers in licensing board matters.
  • Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory matters.
  • Provided Health Care Reform Act (HCRA) counsel to various industries.

  • Provided pro bono assistance to the Animal Legal Defense Fund (ALDF) in securing the release of a Siberian-Bengal tiger, "Tony the Truck Stop Tiger," confined as a roadside exhibit at a Louisiana truck stop for more than ten years. A permanent injunction was granted against the Louisiana Department of Wildlife and Fisheries preventing them from renewing the truck stop owner's annual permit.

  • Obtained a "zero" jury verdict after a six-week jury trial in the 15th Judicial District Court for the Parish of Lafayette in a case involving a brain-damaged baby, valued by the plaintiffs to be between $26 and $40 million.

  • Provided compliance advice on the Health Insurance Portability and Accountability Act (HIPAA).

  • Handled the seminal case finding that negligent credentialing claims are subject to the limitation of liability available under the Medical Malpractice Act.
  • Obtained summary judgment in a $26 million medical staff credentialing matter brought by a disruptive physician.

  • Gave compliance advice to providers on fraud and abuse anti-kickback statute and physician self referral (Stark) law compliance.

  • Prepared hospital bylaws, medical rules and regulations and a fair hearing plan.
  • Represented numerous hospital systems throughout Louisiana in blood product class action litigation.
  • Represented an international health care provider in resolving Hurricane Katrina claims throughout the Gulf region.

  • Represented a national entertainment company in resolving Katrina claims for all statewide franchises.
  • Represented providers in Recovery Audit Contractor (RAC) audit matters.

  • Represented an insurer in a multimillion dollar professional liability matter relating to a default judgment.
  • Counseled health care providers on the formation of a medical practice after returning to Louisiana post-Katrina.

  • Prepared disaster management policies and procedures for health care institutions.
  • Represented providers in reimbursement and appeals.

  • Represented a major hospital system in the termination of all contracts related to force majeure issues.

  • Represented providers and health care systems in medical staff disputes.
  • Represented providers in HIPAA, HITECH and privacy litigation.

  • Secured dismissal of a medical malpractice lawsuit on behalf of an ambulance company. The appellate court entered a judgment for the defendant, dismissing the plaintiff's lawsuit in its entirety and agreeing that the plaintiff's allegations fell under the purview of the Louisiana Medical Malpractice Act, which entitled the client to receive a review by a medical review panel prior to the lawsuit being filed.
  • Successfully resolved a medical staff and credentialing matter on behalf of a health system involving the interpretation and application of the new Joint Commission Focused Professional Practice Evaluation (FPPE) requirements.
  • Obtained summary judgment in a compartment syndrome case on behalf of a health system. The victory was particularly noteworthy because the records contained backdating 30 days after the fact as well as no documentation of any patient care for an eight-hour period while the patient was in ICU.
  • Successfully defended and achieved favorable resolution on behalf of prison health care providers in civil rights and malpractice actions involving patient deaths and/or suicides.
Professional Honors & Activities
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America® since 2006 in the areas of Health Care Law, Medical Malpractice - Defendants Law and Insurance Law 
  • Named the Best Lawyers' 2017 New Orleans Health Care Law "Lawyer of the Year"
  • Named the Best Lawyers' 2012 New Orleans Medical Malpractice Law - Defendants "Lawyer of the Year"
  • New Orleans CityBusiness, 2010 Women of the Year honoree
  • Top Lawyers – New Orleans Magazine (2007 – 2017) 
  • Listed in Louisiana Super Lawyers since 2010; listed among the top 50 attorneys in the state (2012) and 2013; listed among the top 25 female attorneys in the state (2011 – 2015)  
  • Honoree – Leadership in Law 2012, New Orleans CityBusiness
  • Recipient – Animal Legal Defense Fund's 2011 Advancement in Animal Law Pro Bono Achievement Award
  • Leadership in Law Class of 2009, New Orleans CityBusiness
  • Past Member – Medical/Legal Interprofessional Committee, Louisiana Bar Foundation
  • Fellow – Louisiana Bar Foundation
  • Dorothy Dorsett Brown Humanitarian Award 2009, NOLA City Bark Board of Directors
  • Member – American Academy of Hospital Attorneys
  • Member – American Bar Association
  • Member – American Hospital Association
  • Member – Association of Women Attorneys
  • Member – Women Lawyers Alliance
  • Member – The Federal Bar Association
  • Member – International Association of Defense Counsel
    • Chair – Diversity Committee
    • Co-Vice Chair – Medical Defense, Corporate Counsel (2016 – 2017)
    • Vice Chair of Membership – Medical Defense and Health Law Committee
    • Vice Chair of Publications – Medical Defense and Health Law Committee
  • Member – Louisiana Association of Defense Counsel
  • Member – The Louisiana Attorney Disciplinary Board, Hearing Committee Member for the Fourth & Fifth Circuits (October 1, 2004 – December 31, 2008)
  • Member – Louisiana Society for Hospital Attorneys
  • Member – Louisiana State Bar Association, former member of Medical/Legal Interprofessional Committee
  • Member – National Health Lawyers Association
  • Member – The New Orleans Bar Association
  • Member – Council on Litigation Management
  • Member – Baker Donelson's Diversity Committee
  • Vice Chair – Baker Donelson's Women's Initiative Committee, New Orleans
  • Founding Co-Chair – Baker Donelson's Affinitas Group
  • Board Member – New Orleans Film Society
  • Board of Directors  – Save Our Cemeteries (2012 – 2016)
Community Activities
  • Board of Directors, Hermann-Grima and Gallier Historic Houses
  • Board of Directors, Save Our Cemeteries (SOC), 2012 – 2015
  • Board of Directors, NOLA City Dog Park, Founding Member, 2007 – present
  • Louisiana State Bar Association, Medical/Legal Interprofessional Committee
  • Southern Repertory Theatre, Past Member and Board President
  • Odyssey House of Louisiana, Past Board Member and Board President
Publications
Speaking Engagements

Education

  • Tulane University Law School, J.D., 1990
  • Louisiana State University, B.A., 1987

Admissions

  • Louisiana, 1990
  • United States District Court for the Eastern District of Louisiana, 1990
  • United States District Court for the Middle District of Louisiana, 1990
  • United States District Court for the Western District of Louisiana, 1990
  • United States Court of Appeals for the Fifth Circuit, 1990
  • United States Court of Federal Claims, 2011

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