At Sprott Newsom Quattlebaum Messenger, we are proud to support the hardworking healthcare industry. Our healthcare industry practice is much like healthcare in the state of Texas: diverse and ready to serve clients of all types. We count hospitals, physicians and physician groups, chiropractors, dentists, dialysis centers, medical staffing agencies, nursing homes, and pharmacists among our clients.
Our team is made up of industry authorities, and we do more than just practice law in this sector – we help create it. Our attorneys have testified in front of the Texas legislature on proposed changes to laws governing the healthcare industry, and our lawyers have helped create legal precedent in Healthcare Liability litigation with cases before the Appellate and Texas Supreme Courts.
Every day it seems both the Texas and federal governments are creating new rules, new compliance measures are enacted, or insurers are requiring different items. We are at the forefront of this ever-evolving legislation, staying up-to-date on changes to both the Texas Medical Liability Act, Chapter 74 of the Texas Civil Practice and Remedies Code (which governs Texas medical malpractice), and appellate and Texas Supreme Court decisions impacting the application of these laws. Because our firm is frequently involved in creating the laws in this arena, we know the laws impacting healthcare providers inside and out, and we’re prepared to represent our healthcare clients.
Our healthcare lawyers routinely and successfully handle:
Healthcare Litigation: Sprott Newsom is well-known for our litigation prowess in the healthcare industry. When facing a medical malpractice claim or any other healthcare legal claim, our team is ready to represent individuals and the organizations for which they work no matter the issue. Our team has successfully represented clients in both state and federal trials, and we’ve argued multiple cases all the way to the Texas Supreme Court – achieving favorable outcomes for our clients and leading the way on crafting the law.
Medical Board Proceedings: Our attorneys aggressively represent healthcare providers in disciplinary and other proceedings before a variety of boards and administrative tribunals, including physician, nursing, chiropractic, dental, counseling, and pharmacy boards. We advocate on your behalf, ensuring you are treated fairly during administrative hearings. But more than that, we also serve as general counsel to many health care providers to make sure their clinical practice is in compliance with the most recent governing board rules, including rules on required self-reporting, moving practices, and closing an office or retiring from practice.
Risk Management: Our attorneys serve as general counsel for healthcare entities and providers, helping them assess their current risk management, address any gaps, and formulate plans for the future. A healthcare risk management program must include all aspects of patient care, legal and regulatory compliance, and liability mitigation. Minimizing the potential liability of healthcare providers is our number one priority when helping healthcare entities.
Compliance: Given the nature of patient privacy laws and complex medical billing, legal and regulatory compliance is at the forefront of the healthcare industry. Our team can help your organization assess its current compliance status, and defend against violations and lawsuits related to compliance issues, including for:
- Billing and coding compliance, including under the False Claims Act, the federal healthcare fraud statute, and the federal insurance fraud statute
- Prescription drug and electronic prescription compliance, under the Controlled Substances Act (CSA) and the Drug Supply Chain Security Act (DSCSA)
- Anti-Kickback Statute and Stark Law compliance, prohibiting bribes and kickbacks in exchange for patient referrals
- Emergency Medical Treatment and Labor Act (EMTALA) compliance, requiring treatment in an emergency room regardless of the patient’s insurance status or ability to pay
- Health Insurance Portability and Accountability Act (HIPAA) and Texas’ Health Information Technology for Economic and Clinical Health Act (HITECH) compliance, along with other data security protocols
Hospital Committee Issues: Hospitals and healthcare organizations have internal medical review committees that may from time to time take up investigations of patient care. Doctors, nurses, and other healthcare providers can sometimes become the focus of these investigations. Our attorneys are experienced in assisting healthcare providers navigate these peer review investigations.
Business Structures: Whether starting a new organization, merging or acquiring one, or forming an alliance with another healthcare business, our team can review existing or proposed agreements and handle any disputes. We have experience drafting and evaluating management agreements for new businesses, independent contractor agreements, and supervising agreements, to name a few. There is a lot of activity in this area in the healthcare field, as new doctors start their own practices, are bought out, or bring on new providers; and, we have counseled clients through all these different events, maximizing value and minimizing risk.
Labor and Employment: Whether employing medical or clerical staff, our attorneys can help with every aspect of an employee’s time with your organization. We can provide support on everything from creating employment contracts to reviewing physician’s agreements, to any other contracts needed including those for when an employee departs and everything in between. Additionally, we can build policies and procedures to govern how your employees operate, particularly with regard to interacting with patients, to make sure your organization remains in compliance with all applicable laws and regulations. We also build out dispute resolutions protocols to help resolve problems before they happen.
Texas Healthcare Litigation Lawyers
We make sure you have the operational support you need to deal with any compliance requests and represent you in any investigations. If any litigation does arise, our team is equipped to fight for you every step of the way. We are trial-tested and ready to aggressively represent your interests both in and out of the courtroom. Our goal is always to unburden our clients and let them get back to what matters most—taking care of their patients.
Our vast experience means we have already dealt with almost any challenge you are currently facing and can provide guidance on how to deal with them. We are proud to work with clients who are committed to making Texas a healthier place; and, we know there are pressures to improve care and decrease costs, so we tailor our services to help you meet your business goals.