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Health Care


Overview

Carlton Fields represents the full range of health care industry participants. On behalf of industry-leading clients across the country, we provide comprehensive legal services related to health care entities. Our scope of services include compliance, administrative, regulatory, transactions, and litigation. Our firm received a national ranking for health care law in U.S. News – Best Lawyers “Best Law Firms” 2020.

Representative Clients

  • Hospitals and health systems 
  • Health care clinics 
  • Adult care facilities 
  • Hospices 
  • Ambulatory surgery centers 
  • Physicians, physician groups, and other allied health professionals 
  • Oncology Centers 
  • Freestanding cardiac catheterization laboratories 
  • Mental health centers 
  • Addiction treatment centers 
  • Pharmaceutical and medical device manufacturers 
  • Universities 
  • Medical and hospital associations 
  • Health insurance companies 

 

Experience

Hospitals

  • Drafted contract and general conditions for major reconstruction and additions in Miami, Florida.
  • Project construction counsel to owner for $60 million renovation and new construction in Roanoke, Virginia. Follow-up work on design-build “replication” of successful operating wing.
  • Counsel to owner involved in contract formation, troubleshooting, and closeout in Christiansburg, Virginia.
  • Counsel to owner on new construction and renovations in Washington, D.C. Drafting of standard construction and architectural contracts for multiple projects.
  • Counsel to owner for new health care facility in Palm Beach County, Florida.
  • Advised owner on contract administration legal issues, project closeout issues, and issues involving defective services and construction in Rockville, Maryland. Represented owner in successful arbitration proceedings.
  • For general contractor, involved with pre-construction review, contract administration, legal issues, and closeout in Miami.
  • Project construction counsel for $70 million replacement facility in Fredericksburg, Virginia.
  • Defended claim by subcontractor against general contractor in Augusta, Georgia.

Litigation

  • Represented health care providers throughout Florida trial and appellate courts in more than 450 cases related to Amendment 7 issues, including providers’ confidential peer review, credentialing, quality, and risk management. 
  • Obtained reversal of trial court order certifying class action against hospital challenging its billing and collections practices.
  • Represented hospital in litigation and appellate proceedings resulting in decision that Florida hospitals and ambulatory surgery centers and their governing bodies are immune from injunctive relief and liability for claims that arise out of the appointment or reappointment of members of the medical staff, absent a properly pleaded allegation of intentional fraud. 
  • Represented hospitals in internal peer review proceedings and resulting litigation, which included successfully representing hospital in litigation and appellate proceedings in lawsuit brought by physicians alleging racial discrimination in medical staff appointment process. 
  • Represented hospitals in medical malpractice lawsuits, including a defense verdict in a three-week jury trial of a $50 million medical malpractice claim arising out of paraplegia following spinal surgery. 

Regulatory/Transactional 

  • Represented hospital-based ambulatory surgery centers in a roll-up with a public company. 
  • Provided legal advice and counseling regarding formation of a hospital network to better compete given health care reform. 
  • Representing two public hospitals in possible long-term lease.
  • Represented health care providers in investigations by the U.S. Department of Health and Human Services Office for Civil Rights related to HIPAA and patient privacy complaints brought by former patients and other consumers.
  • Assisted hospital with purchase of real estate and expansion of health care facilities.
  • Counseled hospitals on possible joint venture to expand provision of critical services.

All Insights

Caps Off to You: DOL Proposes Raising Salary Cap

Caps Off to You: DOL Proposes Raising Salary Cap

April 1, 2019

The U.S. DOL has proposed raising the salary cap for exempt white-collar workers. Here are some tips for employers in responding to the proposed changes

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

Be Prepared for the Next Wave of Biometric Data Laws: Five Tips for Businesses

March 20, 2019

Advancements in technology have made it possible for more companies to use biometric data to streamline their business, improve security and workplace efficiency, and offer new services and features to customers.

How State and Federal Laws Are Addressing the Use of Direct-to-Consumer Genetic Testing by Insurance Companies

How State and Federal Laws Are Addressing the Use of Direct-to-Consumer Genetic Testing by Insurance Companies

December 18, 2018

While life insurers traditionally have set premiums based on a multitude of complex actuarial tables, the recent boom in direct-to-consumer DNA testing produces, such as 23andMe and AncestryDNA, is expanding the universe of genetic information available about consumers for consideration in rate-setting and other underwriting and policy operations.

Key Contacts

Other Team Members

Beth A. Vecchioli

Beth A. Vecchioli

Senior Director Government Consulting
Peter J. Winders

Peter J. Winders

Shareholder and General Counsel

Featured Insights

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.