Healthcare law refers to all the rules and regulations made by the judiciary, executive and the legislatures, both state and federal. Some of the laws are the Stark’s Law, Anti-Kickback Statute, HIPAA, False Claims Act, etc. These rules encompass the entire healthcare industry including hospitals, nursing homes, care centers, hospital systems, pharmaceuticals, individual practitioners, device manufacturers, insurance providers (both private and public), etc. Healthcare lawyers are those who have specialized in healthcare litigation. They are experts in the various healthcare laws, both federal and state, and provide legal assistance in healthcare management, healthcare practice, and healthcare litigation. Read on to know more.
Legal assistance in healthcare management
The healthcare industry is not just made up of healthcare professionals like physicians, surgeons and nurses. It also comprises those managing healthcare institutions. The management handles the administrative aspects of running a healthcare institution like hiring and firing, finding the right suppliers, maintaining inventory, etc. Healthcare lawyers provide legal assistance to the management in corporate reorganization, employee benefits, capital financing, contract negotiations, tax, antitrust issues, physician recruitment, medical staff relations, acquisition of practices, etc. Simply put, a healthcare lawyer will protect the interests of the healthcare institution and its management by vetting every document that the management signs.
Legal assistance in healthcare practice
The practice of medicine should be within the limitations laid down by the various healthcare laws. Any breach of these laws could attract very heavy penalties, loss of license, and even prison time. Attorneys for doctors can provide practitioners with appropriate advice regarding risk management in practice. This would include a clear understanding of what makes up informed consent, and when consent is considered uninformed. They also provide legal advice on bioethical issues that come up during the course of medical practice including assisted reproduction, palliative care, withdrawal of life support, etc. Furthermore, attorneys for doctors also ensure that confidentiality is not breached during practice. If you are a practitioner who is not aware of the legal aspects of these issues that you come across during practice, talk to an attorney for doctors to understand how the law perceives and dictates regarding these issues.
Legal assistance in healthcare litigation
Most law firms have a separate department with lawyers for doctors. Their clients range from government agencies, pharmaceutical companies, hospitals, private practitioners, to insurance companies, and other companies in the healthcare industry. These lawyers represent their clients before different regulatory authorities in the healthcare industry. Some of the most common healthcare matters that are litigated include medical malpractice, antitrust issues, fraud claims, claims of abuse, breach of contract, intellectual property disputes, reimbursement issues, employment and labor issues, medicare and medicaid issues, real estate issues, etc. Their specialized knowledge and experience in healthcare law makes them a better choice than other lawyers when it comes to healthcare litigation.
