What is Healthcare Litigation?

What is Healthcare Litigation?

| Dec 16, 2015 | Healthcare Litigation |

“Healthcare litigation” can involve many different things. One thing is certain, however, is that healthcare law can be extremely multifaceted. Not only must a healthcare litigation attorney be proficient in the law, but he or she must also be well versed in medical terminology, medical standards of care, and contract law.

Moreover, healthcare litigation oftentimes involves the interpretation and enforcement of local, state, and federal rules and regulations.

Here are just a few subsections that make up what is known as healthcare law and litigation.

Medical Malpractice

Medical malpractice litigation arises when a patient brings a legal cause of action against his or her healthcare provider for providing (or not providing) medical treatment that falls short of the accepted medical standard of care. This highly complex type of litigation involves the testimony of expert witnesses and significant evidence gathering.

Click Here : What is Medical Malpractice?

Advanced Healthcare Directives and Living Wills

Advanced healthcare directives and living wills determine what happens to you and your health if you are unable to speak for yourself. These heart-wrenching decisions must be made, and your directive and living will should provide definitive guidance to your loved ones and medical staff. Unfortunately, litigation may arise regarding your intent as related to these powerful documents.

Hospital-Physician Disputes (Including Covenants Not to Compete)

In today’s world, hospital-physician employment relationships are complicated. Sometimes, the hospital directly employs a physician. In other cases, a hospital may simply contract with a physician for his or her services. These relationship agreements include a number of terms and conditions, including covenants not to compete—that may require litigation to resolve.

Physician Licensing Matters

Just as physicians must study for and pass examinations to obtain their licenses, those very licenses may be taken away. Oftentimes, there is a legal dispute as to whether the relevant licensing board has the authority and justification to revoke or suspend a physician’s license based on a set of facts and circumstances. Litigation is often necessary to resolve these disputes, and attorneys with experience before licensing boards, committees, and courts are essential for both sides.

Fraud

Unfortunately, patients, healthcare providers, and hospitals have all been guilty of committing fraud in the past. And, these matters typically involve insurance companies and benefits. From a patient’s standpoint, lying to his or her health insurance company in order to obtain benefits can result in severe penalties, fines, and possibly prison.

Likewise, if a healthcare provider or hospital lies to insurance companies in order to receive unearned benefits – it is also very serious. In these instances, it is highly likely that litigation will arise in order to resolve the claims.

Speak with an Knowledgeable Healthcare Litigation Attorney

These are just a few examples of what comprises “healthcare litigation”. If you have any concerns or questions regarding your rights in this unique area of the law, it is important to contact a reputable attorney with experience in healthcare law right away. A consultation with a healthcare law attorney will provide you with the reassurance and information you need. Don’t lose sleep worrying about what is going on with your potential healthcare case. Work with an attorney who will protect and fight for your rights.

Also Read : The Best Healthcare Litigation Tips You Will Read This Year