Hickey, Melia & Associates, Chartered, lawyers in Chicago, IL, Illinois

MEDICAL NEGLIGENCE DEFENSE

The Firm can help reduce the stress of litigation by preparing a defense that is well informed, coordinated and persuasive. This type of defense can best be prepared by attorneys who are able to combine years of litigation experience with a fundamental knowledge of complex medical issues. The Firm prides itself on meeting these criteria.

All medical negligence litigation focuses upon whether a physician's care and treatment complied with the appropriate "standard of care". The standard of care that might apply to an internist could be significantly different from that which applies to a vascular surgeon. Thus, it is not only important for a defense attorney to know how the standard of care is legally defined, but also how it applies to the various specialties within the field of medicine. Over the past 15 years, the Firm's partners have represented a wide range of specialists including orthopedists, neurosurgeons, ophthalmologists, cardiologists, pediatricians, vascular surgeons, internists, radiologists, obstetricians, physiatrists, and anesthesiologists. The Firm has successfully defended these specialists in cases involving an extensive array of medical conditions and complications, including loss of limb, paralysis, cognitive deficits, blindness and death.

REGULATORY COMPLIANCE AND CREDENTIALING

It is well known that the Federal Government recently has been focusing upon Medicare fraud and abuse. The Stark legislation, Anti-kickback statutes, and the False Claims Act all have had a significant impact upon physicians and their practices. HIPAA regulations concerning patient confidentiality will become an important issue in the next few years. The Firm has the necessary expertise to counsel its clients on the best strategies for ensuring compliance with the Medicare and HIPAA statutes.

The failure of a provider to comply with the Government's regulations concerning federal healthcare programs can lead to dire consequences. While criminal sanctions are rare, civil fines can be assessed for "reckless" conduct, along with court costs that end up being many times more than the claims contested by the Government. Exclusion from all federal and state health care programs is also a sanction that can be used. A well structured Compliance Program can reduce the risks of such sanctions and be a relevant factor in negotiations should the Government ever initiate a complaint. Compliance Programs can be implemented for most physician groups under a flat fee arrangement that helps to eliminate open ended legal expenditures.

Hospital, IPA and HMO credentialing is also an important part of most physicians' practices. On occasion, a breakdown in communication can develop between a physician and a credentialing committee regarding a physician's privileges. Resolving these problems usually requires careful adherence to the procedures set forth in the Medical Staff bylaws and policy manuals. The Firm's attorneys can assist physicians in working through these problems. The same is true with respect to licensing problems that may arise with the Illinois Department of Professional Regulation.

CORPORATE AND TRANSACTIONAL

The Firm welcomes the opportunity to counsel physicians as their practices grow. With most types of growth or change, a complex array of legal issues must be considered. Some of the transactional and corporate advise that we offer to our clients involve managed care contracting, group practice structuring, management service agreements, and various types of leasing.