Business & Health Care Litigation: Choosing The Right Lawyer

East Texas Health Care Attorneys who will Fight for You!

Disputes in the health care arena can cover a wide variety of issues, from partnership disputes to employment disputes to reimbursement disputes to lawsuits against your competitors. And while some of the issues raised by such litigation may be common to other businesses, the regulated nature of the health care industry raises unique challenges.

  • Non-Compete and Non-Solicitation Disputes
  • Partnership and Shareholder Disputes
  • Tortious Interference
  • Qui Tam and Government Litigation
  • Employment Matters
  • Contract Disputes
  • Trademark and Copyright Litigation
  • HIPAA Violations
  • ERISA Violations and Insurance Reimbursement
  • Criminal investigations or qui tam suits for accusations of violation of the Stark Act, False Claims Act, or other state and federal laws

Health care litigation requires an attorney with knowledge and experience in this area. For example, in every litigation, the parties engage in discovery. However, in the health care arena, that discovery must be handled with an eye towards protecting the client from violating HIPAA or other statutes that protect the identity of your patients. Moreover, the attorney must be aware of anti-kickback, Medicare fraud, and other laws so that your responses do not inadvertently and wrongfully suggest that your business has violated any federal or state health care statutes.

Who Are the Litigants?

Basically, anyone who works in the health care field or in a field that touches upon health care may find themselves involved in litigation, and any business litigation may touch upon health care fraud statutes. Our recent health care litigation clients have included:

  • Health Care Executives
  • Business Owners
  • Physicians
  • Marketing Groups
  • Nurses, PAs, Pharmacists
  • Pharmacies
  • Toxicology Laboratories
  • Physician Owned Entities
  • Hospitals

What Type of Lawyer Do I Need?

When you need attorneys to handle bet-your-business or other high-exposure cases, you want someone who is experienced in the courtroom, at arbitrations and mediations, and has a long and successful history of appearances in state and federal venues.

nick-oberheidenDr. Nick Oberheiden has successfully defended health care executives, physicians, hospitals, laboratories, pharmacies and many other businesses against kickback, prescription fraud, false claims, and fraud allegations before the Office of Inspector General (OIG), Department of Justice (DOJ), Department of Defense (DOD), IRS, FBI, DEA, and other agencies.
lynette-byrdLynette S. Byrd served the U.S. Attorney’s Office as federal prosecutor and conducted civil health care investigations under Stark Law, False Claims Act, Anti-Kickback and other statutes.

Our Experience

We have experience in health care litigation and, unlike at the big firms, all of your work is handled personally and directly by a senior attorney – not an associate, paralegal, or secretary. We pride ourselves on our experience and skillset. Our recent successes include:

  • Successfully obtaining a temporary restraining order, temporary injunction, and summary judgment granting permanent injunction against client’s former employee making false allegations of Stark Act violations.
  • Obtaining dismissal of an employment discrimination case on initial rule 12(b)(6) motion for failure to state a claim.
  • Obtaining summary judgment against multiple claims of employment discrimination based on race and FMLA claims against a former health care company executive.
  • Successfully settling multiple cases for chiropractic business that alleged former employees went to work for competing businesses in violation of their employment contracts.
  • Successfully resolving case brought by former health care investor seeking accounting and months of alleged unpaid distributions.
  • Obtaining a temporary restraining order preventing sale of hospital assets during insolvency.
  • Prosecuting and resolving multiple cases involving failure of insurance companies to pay properly submitted claims by health care providers.
  • Obtaining favorable settlement for client against toxicology and pharmacy companies that wrongfully canceled his marketing contract.

For more information on our health care practice and a free, confidential consultation, please contact Oberheiden & McMurrey, LLP. Every call will receive a response from one of our senior attorneys with years of health care and litigation experience.

903-472-0000
Call Us Today

This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden & McMurrey, LLP is a Texas LLP with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.