HEALTHCARE LITIGATION

We advocate on behalf of Buchanan's healthcare clients and work with them in avoiding, managing and resolving conflicts. Our attorneys represent large and small healthcare organizations that focus on business and clinical aspects of the industry.

  • Current High-Profile Practice Areas

    Buchanan is involved currently in the following high-profile issues and matters of major concern to the health care industry:

    • Fraud and abuse issues brought by former employees subsequent to severance of employment relationship
    • Qui tam litigation regarding Medicare fraud
    • Medicare and Medicaid compliance issues, including internal investigations and dealing with government investigations
    • Corporate governance and control issues relating to and arising from system mergers, hospital, nursing home and practice group acquisitions
    • Governmental and media participation and involvement in the governance and management arena of a healthcare provider
    • Tax assessment and tax exemption issues
    • Enforcement of a previously employed physician’s covenant not to compete
  • Our health care litigation experience is characterized by experience in the following areas:
    • Corporate governance issues arising from and created by the entry of a hospital into a system or the creation of a system
    • Corporate control issues at the board and/or member level arising from disputes over governance; whether a not-for-profit entity is a community asset and the interplay of government in the sunshine and public records restriction
    • Representation of clients in employment disputes
    • Contract litigation arising from mergers, acquisitions and sales of hospitals, nursing homes and professional practices relating to contract provisions concerning the underlying transaction
    • Antitrust and trade regulation issues
    • Defense of qui tam and other fraud and abuse claims and false claim actions brought against hospitals and other health care providers
    • Defense of and prosecution of contractual claims and warranty claims and successor liability claims when our health care provider clients have been both seller and purchaser
    • Representation of clients, particularly hospitals and nursing homes, before administrative bodies and courts regarding licensure, certifications, tax assessments and tax exemption issues
    • Representation of clients before internal review forums on matters of peer review as well as professional licensing issues before state bodies
    • Defense of health care and medical equipment suppliers in connection with product liability and warranty claims
    • Representation of unionized clients in litigation, arbitration and contract negotiations
    • Representation of clients in litigation regarding matters of false imprisonment, libel and slander and other common law tort claims
    • Representation of clients in connection with land use planning, zoning and environmental issues pertaining to existing facilities and/or expansion of facilities
    • Representation of clients in connection with construction and renovation of facilities, including review of construction and design documents to litigating in court or in an arbitration forum
    • Representation of clients in litigation arising from professional employment contracts with physicians and other practice acquisition-related matters
  • Members of our team litigate a broad range of commercial cases for health care companies and other industries. We have:
    • Defended employees and corporate staff of nursing homes.
    • Assisted nurses, administrators, aides, therapists, physicians, medical directors, corporate consultants and senior management as defendants and as fact witnesses.
    • Litigated breach of contract and collections actions, complex business disputes in state and federal courts and AAA arbitration.
    • Served as oversight counsel for handling of breach of contract and creditor's rights cases.
    • Represented clients in vendor disputes.
    • Assisted health care companies with insurance coverage disputes, drafting of arbitration agreements and privileges and credentialing matters.
    • Assisted many clients in investigations by federal and state prosecutors into incidents at long term care facilities.
    • Represented witnesses in cases involving criminal investigations by state and local prosecutors.
    • Assisted in the defense of criminal cases against employees.
    • Handled responses to subpoenas, document requests and witness interviews by prosecutors and administrative investigators.
    • Secured a favorable settlement in a fraud and abuse investigation for a chain of nursing homes and persuaded the United States Office of Inspector General to close its investigation.
    • Received a favorable decision for a national nursing home client from the Pennsylvania Commonwealth Court, finding that the Department of Public Welfare's 10-year policy to limit enrollment in the Medical Assistance program was an unofficial regulation and inconsistent with federal law.