In today's healthcare world, the one constant is change - from technology and procedures to changes in regulations and governmental scrutiny. That's why having a powerful legal team who stays ahead of the game is so important.
Our attorneys have the experience and expertise to handle matters arising in the operation of hospitals, ambulatory surgery centers, long-term care facilities, and individual and group physician practices throughout Illinois. In addition, our Healthcare Practice Group frequently collaborates and shares knowledge with our Employment Law and Professional Liability Practice Groups to serve specific client needs.
The Healthcare Practice Group includes a past president of the Illinois Association of Healthcare Attorneys, a past president of the Illinois Society of Healthcare Risk Management, a certified public accountant, an attorney with an advanced law degree (L.L.M.) in health law, a former human resources manager, and a former practicing dentist. Many of our lawyers have been selected by their peers as among the top 5% of Illinois lawyers and have been named as Leading Lawyers and Super Lawyers in Illinois. Our lawyers also frequently publish on a variety of health law issues.
When it comes to the ever-changing world of healthcare, a professional, responsive legal team can be a difference maker. Give us your next legal matter and find out why.
Listed below are some of the areas of health law in which we are most active:
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Corporate Compliance
- Program development
- Employee education
- Enforcement
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Medical Staff Issues
- Credentialing
- Bylaws
- Privilege actions
- Data Bank Issues
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Integration Issues
- Practice Acquisitions and Sales
- Mergers
- Affiliations
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Risk Management Issues
- Minimizing liability
- Defense of actions
- Employee and medical staff education
- Review and drafting policies and consents
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Contracting Issues
- Corporate formation
- Managed care
- Physicians and employees
- Vendors
- Joint Ventures
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Fraud and Abuse Issues
- Stark regulations
- Anti-Kickback regulations
- Investigations by various agencies
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Employment Issues
- Employment contracts
- Employee policies
- FMLA
- ADA
- Workers' Compensation
- Termination issues
- EEOC complaints
- Defense of employee claims
- Department of Labor wage and hour issues
- Training
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HIPAA Compliance
- Program development
- Employee education
- Enforcement
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Licensing and Disciplinary issues
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Hospitals
- Physicians
- Nursing staff
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Certificate of Need issues
- EMTALA
- Bond issuance
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Acquisitions/Sale of Practice
- Real estate matters
- Equipment purchases
Representative Clients
Iowa Health System
Community Health System
Methodist Medical Center of Illinois
Proctor Hospital
Southern Illinois University School of Medicine
University of Illinois College of Medicine
Community Memorial Hospital
Crawford Memorial Hospital
Gibson Community Hospital
Memorial Hospital (Carthage)
Paris Community Hospital
Associated University Neurosurgeons
Associates for Mental Health
Peoria Diocese
University of Illinois
Significant Cases
- Helfers-Beitz v. Degleman 406 Ill. App. 3d 264, 939 N.E.2d 1087 (3d Dist. 2010) Hospital not responsible for physician's acts of sexual misconduct nor for negligent hiring, credentialing or retention where hospital made reasonable inquiry.
- Kennedy v. Crusader Clinic (Jury trial, 2000, Winnebago County) Trial of what was one of the first "false positive" HIV tests reported in Illinois. Plaintiff sought emotional damages for three years where he believed he was HIV positive, contending that the standard of care required a confirmatory retest. One of the principle defenses was the testimony of a former employee of the C.D.C. that shortly after the tests were developed, the tests were found to be very reliable, with low "false positives" rates. The jury returned a verdict in favor of the defendants.
- Ehrbright v. Renner, M.D., et al. Trial; hung jury after 2 week trial against our orthopedic surgeon and hospital for alleged wrongful death of a 42 year old father and wage earner following rotator cuff repair surgery with allegations of lack of monitoring and medication errors. Plaintiff asked jury for $6.7 million.
- Robidoux, et al. v. Oliphant 201 Ill. 2d 324 (2002) Summary judgment affirmed. Illinois Supreme Court affirmed defendant-clinic's position that plaintiff's counter-affidavits were properly stricken and summary judgment entered in favor of trauma surgeon.
- Campbell v. Wagner, M.D. 303 Ill. App. 3d. 609 (4th Dist. 1999), appeal denied, 184 Ill. 2d. 554 (1999) Trial; not guilty jury verdict for alleged negligence during gynecological surgery resulting in near-death post-operative complications.
Publications
- "The Amendment to the Good Samaritan Act" Illinois Defense Counsel Quarterly (2005) - Download Article
- "Physician Disciplinary Records: TMI?!" IDC Defense Update, Vol. 11, No. 8 (2010) - Download Article
- "All In Your Head: A Comprehensive Approach to Somatoform Disorders in Adult Disability Claims," Washington University Law Review, (2010) - Download Article
- "What Every Litigator Needs to Know About Protecting Non-Party Patient Privacy Rights in Litigation," Illinois Defense Counsel Quarterly (2007) - Download Article
- "Survey of Illinois Law: Physician Fee Splitting: A Survey of Case Law and Public Policy Influencing - Vine Street Clinic and Ursula Thatch M.D. v. HealthLink, Inc.," Southern Illinois University Law Journal (2005) - Download Article
- "Survey of Illinois Law: Health Care," Southern Illinois University Law Journal (2008) - Download Article
- "The Law of Telemedicine Responding to Real World Practice," Illinois Defense Counsel Quarterly (2012) - Download Article
- "Survey of Illinois Law: Health Care Law," published by Southern Illinois University Bar Journal (1998)
- "Secrets Don't Make Friends, But They Do Make Good Business: Perception Versus Reality in Physician Financial Incentive Plans," 49 St. Louis U. L.J. 245 (2005)
- "The Law of Medical Practice in Illinois," West Publishing (2007)
- "Advertising, Consent Forms, and Apparent Agency: A Review of the Illinois Supreme Court's Ruling in York v. Rush-Presbyterian-St. Luke's Medical Center and Some Practice Suggestions," Illinois Defense Counsel Quarterly (2007) - Download Article
- "What Every Litigator Needs to Know About Negligent Credentialing Claims," Illinois Defense Counsel Quarterly (2007) - Download Article
- "What Every Physician Needs to Know About the Stark Law," Heyl Royster Medicolegal Monitor (2008) - Download Article
