Healthcare and Medical Liability
Having successfully defended healthcare providers throughout the state in hundreds of cases over almost four decades, Rushton Stakely ranks among the preeminent names in medical liability defense. We believe that a healthcare provider’s professional reputation is a personal asset built over years of sacrifice, hard work, and devotion to one’s patients – and thus it justifies a zealous, uncompromising defense when a claim is asserted.
Our medical liability lawyers defend physicians, surgeons, dentists, nurses, pharmacists, allied health professionals, hospitals, nursing homes, and other healthcare entities against a wide variety of claims. We frequently defend healthcare clients before juries in courtrooms across the state, and several of our lawyers have tried numerous malpractice cases to verdict. Our expertise in this field is reflected in the fact that U. S. News and Best Lawyers’ “Best Law Firms” publication classified the firm as a Tier 1 firm in medical malpractice defense; Chambers USA ranked Thomas H. Keene in its top tier with respect to medical malpractice defense; seven of our malpractice lawyers were recognized in the 2011 edition of The Best Lawyers in America; and three lawyers were recognized in Super Lawyers (2010). Our ranks include malpractice lawyers who have been inducted into the American College of Trial Lawyers and the American Board of Trial Advocates.
In addition to our extensive work at the trial level, we have authored multiple friend-of-the-court briefs to the Alabama Supreme Court at the behest of the Medical Association of the State of Alabama in its efforts to clarify state malpractice law.
Beyond traditional medical liability defense, we regularly defend healthcare providers against statutory claims arising under federal law, including HIPAA and EMTALA, Stark and Anti-Kickback claims, and ERISA. We also routinely defend billing and reimbursement claims, including matters arising under the False Claims Act, anti-fraud laws, and Medicare/Medicaid regulations.
We also feature a broad practice in medical and health-oriented licensure and disciplinary proceedings before a variety of state bodies including the Alabama Medical Licensure Commission, Board of Medical Examiners, Board of Dental Examiners, Board of Nursing, and the State Board of Pharmacy. In this regard, we have rigorously defended a professional’s licensure throughout the administrative phase. We have also represented hospitals in protracted certificate-of-need proceedings before the state regulating authority.
We offer extensive experience and expertise in medical staff matters, including credentialing, peer review, and disciplinary proceedings, and we have represented physicians and hospitals in lawsuits alleging interference with business relations, breach of fiduciary duties, anti-trust violations, and due process concerns arising out of medical staff actions. We routinely participate in drafting and revising medical staff bylaws, rules and regulations, and hospital policy and procedure manuals.
Our significant experience in the courtroom also gives us a good vantage point from which to proactively counsel health care providers on risk management. To that end, our malpractice lawyers regularly address medical, dental, nursing and other groups on trends in medical liability, regulatory issues, and practices to pursue in an effort to limit exposure to various claims and theories of liability.