Healthcare

Healthcare providers and suppliers undergo complex risks when treating and caring for patients. Our attorneys monitor and interpret ever-changing case law and assist clients while remaining in compliance with federal, state and local laws and regulations and with professional licensing. Our attorneys defend against a range of claims, including, but not limited to, those involving malpractice, as in wrongful death and survivor actions. We litigate product liability cases as well as other insurance-related claims, including those involving workers' compensation, environmental and directors and officer’s liability.

Our attorneys have extensive knowledge of the healthcare industry and provide pertinent and timely advice to clients. We focus on the needs of our clients ranging from institutions, including nursing homes and hospitals, to non-institutional providers, such as individualized nurses and physicians. Our practice encompasses the evolving complexities of the healthcare profession, and our attorneys are highly qualified in this niche industry, which is gaining exposure and momentum.

Long-Term and Acute Care Risk Management and Defense

Nursing homes and skilled nursing and rehabilitation facilities have increasingly become targets of plaintiffs’ attorneys around the nation. Long-term and acute care facilities must manage risk and be prepared to defend their practices. They are now held to the highest standards with respect to preventative care and treatment.

In addition to defending our clients, we focus this practice on managing risk so that litigation may be avoided. Our attorneys train and counsel in how to avoid wounds, pressure injuries and other medical situations that often lead to legal matters.  We train managers and staff on best practices for documentation, developing policies and employee education.  We have given numerous talks and training sessions to help our clients stay current with laws and regulations and the best way to manage their facilities and care for their patients. These strategies control risk.

Our team has represented long-term care and acute care facilities in cases including pressure ulcers, falls, changes in mental status, alleged abuse or neglect, nutrition and accusations of errors in dispensing medicines. Our numerous years of medical malpractice defense experience help us in these cases. We also work with our clients on quality control, compliance matters and managing risk.

We have handled all types of litigation against nursing homes and skilled nursing and rehabilitation facilities. We also have workers’ compensation and employment attorneys who are experienced in defending managers and owners in claims filed by employees.

Our clients include nursing homes, sub-acute and skilled nursing facilities, skilled rehabilitation facilities, long-term care facilities and healthcare management and consulting services companies. We have defended healthcare workers including doctors, nurses, nurse practitioners, CNAs, wound care specialists and other allied health professionals. We also defend employers and managers.

Our focus in any defense work is preparing our clients for all they may encounter during litigation, including extensive document collection and production to ensure discovery requirements are met, preparing clients and their employees for depositions and retaining the best expert witnesses. We also prepare clients for cases involving licensure and disciplinary matters before their respective licensing boards. In addition to defending clients in complex litigation and at trial, we also work hard to achieve settlements through alternative dispute resolution, including binding arbitration and mediation.

We have experience in cases involving violations of applicable state and federal statutes, health information privacy, HIPAA laws, HITECH matters and internal investigations. Our attorneys have successfully argued cases in state, federal and appellate courts.

Weber Gallagher’s’ clients include:

  • Academic medical centers
  • Acute care facilities
  • Health systems
  • Hospitals
  • Individual nurses and physicians
  • Insurance companies
  • Nursing homes
  • Physician practices
  • Providers of home healthcare services

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