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Peer Review & Medical Staff Privileges
 A negative peer review determination by a hospital board or committee can trigger the inquiry and investigation into a medical license holder’s potential commission of professional misconduct. Therefore, it is imperative that a physician obtain representation through the peer review process when facing credentialing issues or the suspension or revocation of medical staff and hospital privileges. Furthermore, the evidence obtained by the peer review committee can be requested and subpoenaed by the State Board of Medical Examiners to further supplement and substantiate the Board’s investigation.
| "You are entitled to be represented by legal counsel when facing credentialing disputes and the loss of medical staff privileges." |
You are entitled to be represented by legal counsel when facing credentialing disputes and the loss of medical staff privileges. Properly assert your rights: plan a defense and allow for the possibility of successful mediation. Often this will circumvent the need for unnecessary appeals, loss of work and a potential disciplinary investigation.
Network & Insurance Terminations
A public disciplinary sanction or the suspension and probation of a physician’s license often trigger the termination and exclusion of the physician from provider networks. This is especially true with regards to standard of care violations and findings and determinations of chemical dependency. Although the exclusions can be appealed successfully, this is a complicated matter and is best handled by an attorney. Because the physician has been disciplined, it is unlikely the appeal committees will listen to the pleas of the physician with an open mind. Your rights are best asserted through competent and experienced legal counsel.
National Practitioner Data Bank Disputes
Appeals can be successfully launched to the National Practitioner Data Bank to remove inaccurate, expunged or sealed information pertaining to a medical professional’s disciplinary history or criminal record. This is often a tedious process and involves complicated questions of law and fact and is best handled by an attorney experienced in health, administrative and criminal law.
Partnership Formations, Modifications & Disputes
 A well planned and structured Professional Association is vital to the ongoing success and streamlined efficiency necessary to ensure maximum profitability. Because physician partnerships are subject to change through internal disputes and buy and sell agreements they need to be drafted accordingly. If you are in the process of planning a Professional Association or change is in your midst contact us for legal assistance through this vital period. We can provide counsel to you in business matter including:
- Incorporation
- Start Up Procedures
- Purchase and Sale agreements
- Shareholder Agreements
- Shareholder and Partner Disputes
- Property and Medical Equipment Leases and Contracts
- Employee/Employer Contracts
| "It is not uncommon for litigation to develop over an issue that a well thought out and properly drafted contract would have alleviated." |
Thorough, clear and determinative Employment Agreements are essential as they outline and protect the rights and remedies of both the employer and the employee. Moreover, clearly laid out and defined obligations can limit the frequently assumed expectations that employers and employees often have of each other. It is not uncommon for litigation to develop over an issue that a well thought out and properly drafted contract would have alleviated. If you or your Professional Association needs practice counsel to advise you in the area of employment contracts please call us. Some of the matters we handle are:
- Contract Drafting
- Contract Review
- Employment & Employee Advice and Counsel
- Contract Negotiations
- Non-Compete Agreements
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