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HEALTHCARE

Co-Chairs:
510.832.7770
408.286.0880

 

The Healthcare practice group represents a wide range of professionals in litigation and non-litigation matters. We provide advice and counsel in administrative and disciplinary matters.

The group has defended many healthcare professionals and facilities, including:

Medical Malpractice Defense: doctors, nurses, midwives, dentists, podiatrists, pathologists, radiology technicians, paramedics
Psychiatric/Therapist Malpractice Defense: psychiatrists, psychologists, counselors
Medical Facilities:   eating disorder clinics, troubled teen clinics, skilled nursing facilities and assisted living facilities

Representative Matters
  • Successfully appealed an Administrative Judgment, which resulted in restoring a psychologist's license and dismissing all claims against him by the Board of Psychology.
  • Received a defense verdict for a pharmacy that allegedly failed to provide all the medications called for by a dentist in connection with an implant surgery. The lack of the missing prescription caused an infection, additional surgery and a loss of a small portion of the plaintiff's jaw. The jury found no fault on the part of the pharmacy.
  • Obtained a Summary Judgment with a finding of no liability in a malpractice action against an operating room nurse, in which serious injuries were being claimed to have occurred due to positioning during surgery.
  • Were awarded a favorable judgment for a nursing home in which there were claims of abuse by employees of the nursing home.
  • Frequently provide consultation with healthcare professionals in responding to board inquiries resulting in most of the matters being closed with no action against the professional.

Seminars

We provide seminars to our clients on the Medical Injury Compensation Reform Act (MICRA) and on avoiding malpractice.

Medicare Secondary Payer Provisions: The Primer

Robert Gerhardt and Nat Lucey will explain the complex new Medicare regulations that are in effect as of 2011. The seminar will include useful tips and information regarding required forms, as well as best practices for avoiding penalties. The failure to comply with new recording and payments provisions will result in steep penalties for insurers, amounting to $1,000 per day, per violation, plus interest, as well as twice the amount Medicare paid for the care of a patient. Insurers who don't comply with the new provisions will also be reported to the Department of Justice.

Webinar: Pre-Litigation Risk Management: Key Issues to Address Regarding Travel Nurses

Presented by Mark Kiefer to California Society for Healthcare Risk Management (CSHRM), February, 2011. Topics included:

  • How to tighten contracts between travel nurse registry and facility borrowing travel nurse
  • Meeting necessary statutory requirements
  • Contractual indemnification provisions
  • Ostensible agency
  • Tips for creating better charting
  • Requirements for reporting judgments and settlements

Expedited Jury Trials: The Why, When and How of the New California Law

Effective January 1, 2011, California has enacted statutes for Expedited Jury Trials (EJT). Sharon Hightower, assistant managing partner of Ericksen Arbuthnot's San Jose office, has prepared a seminar to explain this new statute to attorneys, clients and insurance carriers. She will explain what types of cases are best suited for EJT and how cases are selected for this alternative trial option. Her presentation includes the following topics:
  • Background of the new law
  • Pre-trial procedures
  • Rules
  • Selection process for cases
  • Trial procedures:
    • Admissibility of evidence
    • Voir dire
    • Challenges
    • Required deadlines
For more information about EJT, see "California Offers a New Trial Option."