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Healthcare Litigation

Healthcare disputes are often high stakes and highly technical. Benesch’s Healthcare Litigation attorneys represent clients in matters before state and federal courts, administrative agencies and alternative dispute resolution forums. Because the healthcare industry is one of the most regulated and rapidly evolving sectors of the economy, our litigation strategy combines legal command with industry fluency.

We appear regularly before the Medicare Provider Reimbursement Review Board, the Departmental Appeals Board of the U.S. Department of Health and Human Services and state licensing authorities. We also draw on the broader Benesch Healthcare platform, which has decades of experience guiding healthcare organizations through operational, regulatory and transactional complexity. That experience informs our advocacy and allows us to approach litigation with the insight of professionals who understand how healthcare organizations run day to day.

Industry Depth Drives Litigation Strategy

Clients benefit from the fact that our Healthcare team works with nearly every segment of the healthcare industry nationwide, including physicians and medical groups, hospitals and health systems, ambulatory surgery centers, long-term care and senior living providers, behavioral health organizations, dialysis facilities, medical device and durable medical equipment manufacturers, pharmacies and distributors, and managed care and accountable care organizations.

Because we regularly advise on Medicare and Medicaid reimbursement, fraud and abuse, DEA and pharmacy compliance and licensure matters, we understand the root of many disputes long before they escalate. That perspective allows us to both defend aggressively and anticipate regulatory and operational risks that may shape litigation strategy.

Our work spans contract disputes, peer review challenges, professional liability claims, DEA and enforcement actions, reimbursement disagreements, toxic tort and construction-related claims, and medically complex personal injury matters involving drugs, supplements and other manufactured products.

Alternative Dispute Resolution

Mediation and arbitration remain prominent in healthcare. Both the American Health Lawyers Association (AHLA) and the American Arbitration Association (AAA) offer healthcare-specific processes and panels, and members of our team are credentialed to serve as mediators and arbitrators under both. We also represent parties in ADR proceedings, bringing the same industry-informed approach that defines our work in court.

Experience That Demonstrates Impact

Our Healthcare Litigation team has secured favorable outcomes across a wide range of disputes, often protecting clients from multimillion-dollar exposure or achieving meaningful financial recovery:

  • Secured a favorable settlement with one party and a multimillion-dollar judgment against remaining parties stemming from errant payments made to a major healthcare system.
  • Defended a healthcare system in a multimillion-dollar employment contract action brought by a physician following a hospital privilege termination. Obtained summary judgment in Illinois circuit court, affirmed by both the Illinois Appellate Court and the Illinois Supreme Court.
  • Obtained summary judgment for a major healthcare system in a construction negligence lawsuit.
  • Defeated a toxic tort claim filed by a former hospital employee alleging exposure to construction dust, resulting in voluntary dismissal.
  • Represented a major healthcare system in multiple DEA investigations and compliance matters, helping preserve operational continuity and avoid enforcement action.
  • Defended numerous medically complex personal injury cases involving pharmaceuticals, dietary supplements and other products.
  • Extensive experience defending professional liability claims involving physicians, hospitals and other providers.

These results reflect more than trial skill. They illustrate the core strengths of our Healthcare team: deep regulatory understanding, the ability to anticipate how litigation affects business operations and a commitment to designing strategies that protect both legal and enterprise value.

A Litigation Partner Backed by a Healthcare Powerhouse

Benesch’s Healthcare Practice has been nationally ranked in the Top Tier for Healthcare Law by Best Lawyers “Best Law Firms” since 2021 and has been recognized by Chambers for more than a decade. Chambers notes our “strong track record in transactions” and “significant demand for counsel in state and federal investigations and audits.” That same experience translates directly to our litigation work.

We do not simply defend lawsuits. We help healthcare organizations protect their business model, support strategic growth and maintain forward momentum even during disputes. Whether resolving matters discreetly or litigating through final appeal, our priority remains the same: preserve value, eliminate obstacles and deliver results.

Experience

  • Obtained favorable settlement with one party and a multi-million-dollar judgment against the remaining parties for a major healthcare system client related to errant payments made by client.

  • Represented major healthcare system in multi-million-dollar breach of employment contract claim brought by physician who had his hospital privileges terminated. Successfully obtained summary judgment in Illinois circuit court, which was affirmed by both the Illinois appellate court and the Illinois Supreme Court.*
  • Obtained summary judgment in Illinois circuit court for major healthcare system in construction negligence lawsuit.*
  • Represented major healthcare system in toxic tort claim brought by former employee alleging she was exposed to construction dust at hospital. Secured voluntary dismissal.*
  • Represented major healthcare system in connection with multiple DEA investigations and compliance issues.*
  • Extensive experience defending medically complex personal injury matters arising from drugs, dietary supplements, and other manufactured products.
  • Extensive experience in defending professional liability claims on behalf of physicians and hospitals.
Key Contacts
  • Mark J. Silberman
    Benesch Healthcare+
    Chicago
  • Christopher T. Grohman
    Litigation
    Chicago

View full team

  • Benesch Healthcare+
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