Our experienced healthcare litigators routinely represent healthcare providers in arbitrations, administrative/hospital hearings, and state and federal courts.
Whether a hospital/health system, a physician/practice or other healthcare professional, when disputes/litigation arise, the stakes are always high. We appreciate the impact that litigation, in particular, has on our clients and their ability to deliver healthcare services, and we devote partner-level attention to resolving our clients’ litigation/disputes. With industry knowledge critical to understanding our clients’ business needs, we strive to deliver litigation and alternative dispute resolution solutions so providers can get back to delivering healthcare.
We routinely assist with the enforcement of physician recruiting agreements, covenants not to compete, managed care disputes, and vendor contracts. We defend providers against business torts ranging from defamation, fraud and tortious interference, to governmental audits and investigations. We advise hospitals concerning disputes with their medical staffs, including Fair Hearings, and are able to provide Hearing Officer and mediation services.
We also routinely represent health professionals in various types of licensing actions before the Boards of Medicine and Dentistry and also have experience in representing health professionals before the Boards of Nursing and Counseling.
- Enforced physician recruiting agreements and referring physician-hospital leases in compliance with Stark and the Anti-Kickback Statute.
- Secured a favorable ruling from Virginia’s Tax Commissioner for health system client seeking tax exemption for business personal property in provider-based clinics.
- Defended providers in human rights investigations and appeals.
- Represented practitioners in Department of Health Professional Investigations and licensure matters, recently handling numerous cases arising in the opioid context.
- Challenged and defended provider covenants not to compete, wrongful termination claims, and discrimination claims based on Title VII, Title IX, ADA, ADEA, and FMLA.
- Advised hospital executive staff regarding physician credentialing, physician suspension and investigations, behavioral contracts for disruptive physicians, bylaw compliance, and NPDB reporting requirements.
- Guided medical staff and physicians in peer review investigations, hearings, and appeals.
- Provided Hearing Officer services in proceedings around the country.
- Represented hospitals and practitioners in Fair Hearings.
- Represented hospitals and other healthcare providers in audits before DMAS. In one case, in particular, the audit methodology was challenged resulting in the withdrawal of a multimillion dollar assessment.
- Advised healthcare providers in vendor/supplier contract and managed care disputes.
- Virginia Business Magazine, 11.30.2020
- 26 Hirschler Lawyers Named to 2021 Best Lawyers®, 4 Named “Lawyers of the Year” and 3 Listed Among “Ones to Watch”08.20.2020
- 38 Hirschler Lawyers Named Among Virginia Business Legal Elite, Lisa Goodwin Profiled in Environmental Law CategoryVirginia Business Magazine , 12.05.2019
- John Ivins Joins Panel Discussion on Hospital-Physician Discipline Process, Application of HCQIA for VBA Virginia Health Care Practioners' RoundtableRichmond, VA, 10.25.2019
- John Ivins Participates on "Medical Staff Fair Hearing Strategies and the Roles of In-House Counsel, Outside Counsel and Hearing Officer" Panel for American Health Lawyers Association Annual MeetingBoston, MA, 06.24.19 - 06.25.19
- General Assembly Introduces New Guidelines and Penalties for Spoliation of Evidence Effective July 1, 201905.15.2019
- Healthcare Risk Management, 02.12.2019
- OSHA Pursues Healthcare Providers for Failing to Protect Employees from Workplace Violence, AHLA Hospitals and Health Systems Practice Group E-Mail Alert09.22.2016