Health Care Litigation
Members of the Benesch Healthcare+ Practice Group represent litigants in health care matters before state and federal courts, government agencies (including the Medicare Provider Reimbursement Review Board, Departmental Appeals Board of the Department of Health and Human Services and state licensing authorities) and in alternative dispute resolution proceedings.
Alternative Dispute Resolution
The use of alternative dispute resolution mechanisms (chiefly mediation, arbitration) is prevalent in the health care industry. Both the American Health Lawyers Association (AHLA) and American Arbitration Association (AAA) have developed processes designed specifically to the resolution of health care disputes. Members of the Benesch Healthcare+ Practice Group have been credentialed to serve as mediators and arbitrators under both the AHLA and AAA, and are also experienced in representing parties in these processes.
Experience
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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 connection with multiple DEA investigations and compliance issues.*
- Represented major healthcare system in construction negligence lawsuit. Successfully briefed and argued to grant summary judgment.*
- 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 trial court, which was affirmed by both the appellate court and the state supreme court.*
- Represented major healthcare system in toxic tort claim brought by former employee alleging she was exposed to construction dust at hospital. Secured voluntary dismissal.*
- 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.
- Successfully negotiated resolution to multimillion dollar dispute involving ownership of operating rights to a nursing home.
- Successfully represented long-term care facilities in efforts to collect debts owed throughout the United States in cases involving fraudulent transfers, statutory liability, and other claims.
- Successfully represented national institutional pharmacies throughout the United States in six-figure commercial collection disputes with nursing homes and hospital systems.
