Blog

Common Healthcare Litigation Issues

The complex healthcare industry today contains legal matters that may range from fraud, to statute violations, to contract claims, to employment discrimination. Some of these issues may be familiar, and you may recognize them as occurring in other business arenas, but given the confidential nature of patient information, some are unique to the healthcare industry and require input from expert healthcare litigators well-versed in business law.

Here are a few of the types of disputes that our experienced attorneys handle regularly:

Employment Contract Disputes

Hospitals and clinics employ a significant number of individuals and can experience employee contract disputes just like any other business. Sometimes these disputes occur in ways that are unique to the healthcare sector regarding the nature of the work done, but most involve disputes involving discrimination claims, independent contractor use, wage issues, and are not dissimilar to those at any other business. It is, however, essential to remember that patient care is the utmost priority—whatever the employment contract dispute may be—and this will have an impact on the handling of the dispute.

Reimbursement Litigation

Another common area of healthcare litigation involves disputes regarding inappropriate billing, overcharging, and payment to in- and out-of-network providers. Both payers and providers may need assistance with disputes regarding navigating complex healthcare payment and re-payment systems. It is essential to ensure that providers are compensated fairly for their services, and just as essential to ensure that no individual is billed unfairly. An experienced attorney with background in the healthcare industry can assist with litigation of this nature.

HIPAA Violations

According to HIPAA journal, a HIPAA violation is “a failure to comply with any aspect of HIPAA standards and provisions detailed in 45 CFR Parts 160, 162, and 164.” This may include actions like unauthorized disclosures of protected health information, breaches of patient confidentiality, failure to conduct risk analysis, and more. Essentially, this act protects all medical information about a patient except under certain court-ordered circumstances. Violations of this act can result in serious legal action.

These are just a few of the unique legal matters that those who operate businesses in the healthcare industry may face. When dealing with scenarios like these, it is essential to seek out expert counsel who is already familiar with the unique nature of the problems faced in this industry. From the courtroom to arbitration and mediation, you’ll need someone with extensive experience in healthcare litigation to help guide you through the process.

For more information about healthcare litigation issues, contact us today.

Richards Rodriguez & Skeith

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