Health Care

Businesses and professionals in the health care industry face some of the most intense legal and regulatory challenges known to the market today — and the future promises a world of even greater complexity and exposure to liability. 

Goldberg Segalla serves the special legal needs of clients spanning the entire health care industry, including the facilities that provide care, the professionals who administer that care, the insurers that protect facilities and professionals, and the makers of the products and technologies used for treatment of patients and residents. 

Our Health Care Practice Group brings together the diverse and extensive experience of our attorneys in various legal disciplines who focus on serving the health care industry and understand the intricate commercial, medical, and liability issues involved. In fact, a number of our seasoned litigators have medical backgrounds, including a former paramedic, and a member of our team recently was assistant general counsel at a major privately held long-term-care company for several years. 

Our clients include: 

  • Hospitals, health care systems, academic medical centers, mental health care facilities, managed care organizations, telemedicine providers, and rehabilitation centers
  • Skilled nursing, assisted-living, and independent-living facilities; CCRC communities; rehabilitation facilities; long-term acute care hospitals (LTACs); and long-term care pharmacies
  • Pediatric care centers
  • Hospice and home health care providers
  • Physicians, dentists, physical therapists, psychiatrists, nurses, pharmacists, and other medical professionals and medical groups
  • Ambulance companies, medical billing companies, pharmacies, and contractors working on hospital projects 
  • Insurers and plan administrators who provide life, health, and disability benefits
  • Pharmaceutical and medical device manufacturers 

We advise and protect the interests of these clients in a wide range of areas, including: 

Health care defense — Whatever the claim, our team brings strength, experience, and in-depth knowledge to the defense of clients in the health care industry. Our experience includes general liability defense, such as claims involving personal injuries, negligence, premises liability, civil rights violations, mass and non-mass torts, and more.  As a firm founded by litigators, we have earned respect among the bench and bar for our successful track record of seeing complex cases through to victory for our clients. 

Regulatory counsel and risk management — We advise health care clients on compliance with the myriad regulatory and licensing issues they face; represent them before agencies such as state regulatory authorities, the Food and Drug Administration, and the Consumer Product Safety Commission; and counsel them through correction of violations. Our team provides proactive counsel aimed at helping clients manage risk and minimize the potential for a lawsuit. 

Professional liability and nursing home defense — When claims alleging malpractice or negligence arise against health care professionals, our team of trial-tested litigators brings to the courtroom a long and successful history of defending physicians, hospitals, nurses, physician’s assistants, and other health care professionals. We are well-versed in defending nursing homes and assisted living facilities in negligence and other claims. Our experience also includes licensing revocation hearings and allegations of fraud or the unlawful corporate practice of medicine. 

Business and commercial litigation — Members of our Health Care Practice Group counsel on the complex business and commercial aspects of the health care industry and protect their interests in a wide range of disputes. Our experience includes corporate and transactional work as well as representing health care clients in claims involving breach of contract, billing disputes, allegations of fraud, disputes with suppliers, and a wide range of commercial actions.  

Employment and labor — Health care businesses are major employers that rely upon a broad range of professionals and paraprofessionals to succeed. We provide comprehensive employment and labor services to the health care industry, including day-to-day human resources counseling and representation in matters involving discrimination, retaliation, harassment, whistleblowing, family leave, Title III Americans With Disabilities Act actions, labor law and union avoidance, workers’ compensation, wage/hour audits, professional misconduct reviews, employment agreements, and restrictive covenants. Our team provides staunch advocacy in litigation, arbitration, and National Labor Relations Board (NLRB) and other administrative proceedings.

Insurance coverage — We aggressively defend insurers and plan administrators in life, health, and disability benefits litigation across the United States. Our attorneys are nationally recognized leaders and authorities in life, health, disability, and ERISA coverage, and we routinely counsel insurers on policy wording, subrogation, regulatory compliance, and more. 

Information privacy and cyber risk — Our team defends health care industry clients and helps them reduce exposure to liability associated with the use and storage of electronic information. We counsel on electronic medical chart audits and liability, matters concerning the privacy of protected health information (HIPAA/HITECH), and the ever-growing liability associated with cyber risk, including privacy concerns, social media issues, and data breaches — an especially important concern as the industry rapidly embraces electronic medical records and bioinformatics. Our groundbreaking work in this area earned us the USA Cyber Risk Law Firm of the Year recognition from Acquisition International in its prestigious 2013 M&A Awards. 

Environmental compliance and litigation — By their nature, hospitals, nursing homes, and other health care facilities face a host of environmental risks and liability implications. Our environmental team can help health care businesses maintain compliance with ever-evolving federal and state environmental regulations as well as provide a strong defense when environmental claims arise or the government takes action. In addition, our Environmental Compliance Audit Program is particularly well suited for health care facilities, which are currently at heightened risk for Environmental Protection Agency inspection in some areas, to take a proactive approach and avoid costly penalties from the government.

Occupational Safety and Health Administration (OSHA) — We help employers from a wide range of industries establish and maintain safe work environments that meet applicable requirements and reduce exposure to liability. The Goldberg Segalla team includes more than a dozen lawyers who have undergone OSHA 10-hour or 30-hour training and certification programs. If OSHA or a state health and safety agency does come knocking, we bring extensive experience in preparing for any such unexpected visits, negotiating any resulting citations, and handling administrative proceedings, litigation, and alternative dispute resolution to help minimize the impact on the company’s bottom line.