Duane Morris LLP - Healthcare Litigation

Healthcare Litigation

The uncertainty that characterizes the healthcare system often spills over into disputes that create litigation in courts, arbitration and mediation sessions and administrative proceedings of various types. Duane Morris supports its clients in these disputes by developing litigation and healthcare lawyers with experience in and a full understanding of healthcare law and the healthcare system. Our goal is to achieve success for our clients in particular disputes of the moment and to create a resolution of the underlying issue that will benefit the client in its practice or business in the future.

Range of Services

Healthcare Fraud and Abuse

We defend healthcare providers and related entities, such as pharmaceutical and medical device companies, in government or qui tam actions brought under the federal antikickback statute, Stark self-referral regulations, False Claims Act and similar state laws.

Professional Relationships

Our lawyers represent doctors and hospitals in disputes regarding staff privileges; credentialing (including economic credentialing) with hospitals, managed care companies and insurers; ethics complaints; employment agreements; problems arising from partnerships and joint ventures; and licensure challenges.

Reimbursement and Managed Care

Healthcare providers denied reimbursement by federal healthcare programs or private payers turn to our lawyers to assist them in enforcing their rights. Managed care disputes often involve nonmonetary challenges to physician and hospital practice of medicine and are also addressed through litigation. We represent clients pursuing these issues not only in courts, arbitration and mediation proceedings, but in administrative hearings, before Provider Reimbursement Review Panel and in carrier/intermediary fair hearings.

Antitrust and Competition

Antitrust and unfair competition lawsuits are sometimes the most appropriate available recourse for healthcare providers against dominant payers or for hospitals and physicians vying for patients seeking specialized services. Our lawyers are skilled in both initiating and defending antitrust and unfair competition lawsuits in the healthcare industry.

Bankruptcy

Healthcare bankruptcies often involve adversary proceedings in which bankruptcy trustees seek to increase the assets in the estate by gaining control of the assets of other healthcare entities who were contractors to, or venturers with, the debtor. We have represented a host of parties needing defense in such proceedings and others interested in resolving these specialized litigation disputes.

Patient Care and Research

Informed consent, right to treat, medical records and confidentiality, liability for negligent patient care, human subject research protection, and conflict of interest are all healthcare litigation issues which our lawyers have handled.

For more information, please contact Philip H. Lebowitz, Wayne A. Mack or any of the practice members referenced in the Attorney Listing.