Health Care Litigation

Restrictive Covenants

  • For an innovative and industrious spine surgeon we were able to release the highly constricting limits placed upon him by the restrictive covenants, non-solicitation agreements and bonus restrictions contained in his existing employment contract and allow him to open his own highly successful and profitable practice, enjoying the fruits of his own labor in the same general geographic area at the same key hospital with his key practice employees from his old firm.
  • We were able to protect the legitimate interests of an established and successful anesthesia and pain management practice by enforcing a restrictive covenant signed by one of its departing physicians through a court order, then proving subsequent concealed violation of that order and finally imposition of a six-figure penalty clause.

Physician Practice Disputes

  • Laboring under an untenable crushing practice debt occasioned by near simultaneous departure of several shareholders, we were able to help the remaining physicians reorganize, end their leases in favor of a lease with option to buy, wind down the old practice, start a new practice, join an ASC and resolve their differences with their former colleagues.
  • Our behind the scenes work with an articulate and business-wise young surgeon enabled him to personally negotiate with his employers out of his current situation and to contract with another practitioner into a new practice with an ownership interest.

Business and Contract Disputes

  • On behalf of the physician members of a freestanding independent ambulatory surgery center we negotiated the departure of their national chain investor and business partner, thus ending their equity interest, management control and fees to the benefit of the physician members.

Ambulatory Surgery Center Issues

  • On behalf of a highly profitable ASC we obtained the buyout of the interests of disgruntled departing members on favorable financial terms in the face of fair market value redemption language.
  • On behalf of two ASC shareholders, Ob-Gyns voted out by their colleagues, we sued and increased the originally agreed upon payout for their shares, reached without counsel, by a factor of approximately 10.

Hospital Privilege Actions

  • In an ongoing matter our physician client’s unfair targeting resulting in inappropriate restrictions is at the hearing stage where we are challenging in court the fundamental fairness of the By Laws procedure weighted heavily in favor of the hospital and staff.

Board of Medical Examiners

  • On behalf of three pain management physicians we were able to obtain dismissal of the complaints against them regarding their administration of and prescriptions for opiates. The matter was administratively closed and placed in the Board’s confidential files.
  • Appearing on behalf of our well-trained and experienced client before the Preliminary Evaluation Committee of the Board the inquiry ended with agreed upon remedial record keeping classes and revised office procedures and without public record.
  • The inquiry into our client’s testing choice and protocol eventually ended without sanction or reprimand due to the legitimate debate over each and the lack of definitive data mandating any particular course of action.

Employee Termination/Discrimination

  • Amidst sudden upheaval and prosecutorial involvement we helped a practice and its leader regroup and reorganize after the sudden revelation of shocking transgressions resulting in immediate dismissal and other consequences.
  • Working with its Physician managers the long overdue and warranted departure of the ASC’s litigious full time business manager was accomplished amidst threats and with counsel but ultimately without payment beyond the original employment contract terms.

Insurance Coverage Disputes

  • Retained on behalf of a physician with a million dollar policy after a multi-million dollar jury verdict was rendered against him, we worked with insurance-retained counsel and after a successful appeal negotiated a resolution within the policy limits and pursuant to terms which prevented it from consideration in the underwriting of his renewal policy, which otherwise would not have been written, effectively forcing him out of private practice.
  • Acting as personal counsel due to the potentially inflammatory nature of the situation and allegations, we negotiated with plaintiff’s counsel and insurance-retained counsel to resolve the pregnancy discrimination lawsuit without personal payment by or potential embarrassment to our client.
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