As a lawyer who frequently works with doctors, I understand the unique challenges and legal issues that physicians face in today’s complex healthcare environment. Whether you are a solo practitioner, part of a group practice, or employed by a hospital or clinic, it is important to have an experienced and knowledgeable legal advocate on your side to protect your interests and help you navigate the legal landscape.
Healthcare lawyer for doctors
A healthcare lawyer for a doctor typically handles almost all issues in the doctor’s profession, ranging from licensing and credentialing, contract negotiation, employment law, business formation, regulatory compliance, and Medicaid fraud and abuse.
- Licensing and credentialing. A healthcare lawyer defends the doctor in issues involving the suspension or revocation of their license in cases of professional misconduct. If you are negotiating a new employment or partnership agreement, I can help you to understand the terms and ensure that your interests are protected.
- Contract negotiation. A healthcare lawyer assists the doctor in securing the best possible terms of his contract with the hospital, insurance company, or other medical provider.
- Employment law. A healthcare lawyer can represent the doctor against the hospital or other medical entity in cases of contract disputes or discrimination claims.
- Business formation. A healthcare lawyer helps doctors form and operate their medical practices and advises them on business transactions, which include mergers and acquisitions.
- Regulatory compliance. A healthcare lawyer helps the doctor navigate the profession, ensuring compliance with the Stark Law (the Physician Self-Referral Law), the Anti-Kickback Statute, and HIPAA, to name a few.
- Licensing and regulatory issues. If you are facing disciplinary action or licensing issues, I can help you to defend your reputation and your ability to practice medicine.
- Medicaid fraud and abuse. When the doctor or the medical provider is being investigated for Medicaid fraud or abuse, the healthcare lawyer for the doctor ensures that the doctor’s rights are preserved and respected, separate and independent from the medical provider or any other person or entity subject to the same investigation.
Medical malpractice lawyer for the doctors
If you are sued for medical malpractice, I can help you to defend against the allegations and protect your professional reputation. A medical malpractice lawyer can represent a doctor who has been sued for medical negligence. Usually, medical malpractice claims arise when there has been an alleged failure to provide adequate medical care to a patient which caused the patient harm as a result.
Examples of medical malpractice claims are: misdiagnosis or failure to diagnose, surgical errors, birth injuries, medication errors, anesthesia errors, and failure to obtain informed consent.
There are several defenses that a medical malpractice lawyer can raise in a medical malpractice suit, such as:
- Lack of causation. A medical malpractice lawyer can raise the defense that the alleged medical error was not the cause of the patient’s injuries or damages.
- Standard of care. A medical malpractice lawyer may argue that the doctor acted in accordance with the accepted standard of care in the medical community.
- Comparative negligence. A medical malpractice lawyer can raise the defense that the patient’s own actions contributed to his injuries and should bear some responsibility for his own damages.
- Assumption of risk. A medical malpractice lawyer can argue that the patient was aware of the risks of the procedure and voluntarily consented to it, assuming the risk of any resulting injury.
- Statute of limitations. A medical malpractice lawyer can raise the defense of statute of limitations, which prevents a patient from raising a claim when it is filed outside of the prescribed period. In New York, a medical malpractice claim must be brought within two and a half years of the date of the alleged medical malpractice, or within 30 months of the date that the injury was discovered or should have been discovered, whichever is later. If the patient files the claim after this period, the claim is barred by the statute of limitations.
- Lack of expert testimony. Another defense the medical malpractice lawyer can raise is the lack of expert testimony establishing that the doctor deviated from the standard of care and that such deviation resulted to the patient’s injuries.
Depending on the unique circumstances of each case, a medical malpractice lawyer will utilize some or all of the defenses based on the proposed legal strategy for defense.
If you are a doctor in need of legal assistance, it is important to seek out an experienced healthcare lawyer who can help you navigate the legal issues you are facing. We at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 718-509-9774 or send us an email at email@example.com.