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Complex Health Care Litigation

Complex Health Care Litigation


While malpractice lawsuits and regulatory compliance are high on most health care organizations' lists of concerns, health care organizations are complex business entities that also face litigation in areas that may be unrelated to patient care.  Because of the complicated web of regulations under which health care providers operate, however, it is important that health care organizations retain counsel with both business litigation experience and health care industry knowledge.

We have represented health care clients in litigation involving trade secrets, misappropriation of corporate opportunity, and unfair and deceptive trade practices, as well as identity theft, computer fraud, and antitrust.  We have also defended our health care clients in actions alleging inappropriate debt collection practices, managed care disputes, disputes involving hospital management practices, and class action lawsuits.  Our health care team knows the industry and how health care organizations operate, and as members of a full-service firm, we offer our clients access to experienced lawyers in other areas such as intellectual property, antitrust, and labor and employment to assist in building the client's defense.

Contact a team member today for more information about the complex litigation services Smith Moore Leatherwood provides to the health care industry.



Partner in Charge
(336) 378-5383
(404) 962-1025
Partner, Health Care Leader
(919) 755-8776
(336) 378-5226
(919) 755-8834

Examples of complex litigation services provided to health care clients include:

  • Defended North Carolina hospital and medical practice against alleged misappropriation of trade secrets and unfair trade practices in a claim seeking millions of dollars
  • Defended North Carolina hospital system in litigation asserting breach of fiduciary duty, usurpation of corporate opportunity, and violation of a commercial covenant not to compete
  • Represented multiple hospitals in putative class actions alleging improper billing and collection practices for insured patients, which included claims of unfair trade practices, violations of the debt collection statutes, breach of fiduciary duty, and constructive fraud, among other claims
  • Assisted several hospitals in addressing claims of unfair debt collection practices, either directly or through a collection agent, including data supplied to credit reporting agencies, collection calls and communications, and assertion of statutory medical liens
  • Defended hospital against allegations of computer fraud/hacking and identity theft at two week jury trial
  • Worked with numerous hospitals, physician practices, pharmacies, and other health care providers to address allegations of alleged agency or apparent agency through independent contractors, subcontractors, and hourly staff, including when services were provided off-site by an employee and services provided on-site by a non-employee
  • Assisted hospital system with dispute over termination of hospital management arrangement and associated agreements, including shared services and clinical support
  • Represented North Carolina hospital system in long-standing medical staff dispute, alleging anti-trust and anti-competitive activities, national origin discrimination, violations of the North American Free Trade Agreement (NAFTA), and arbitrary and capricious conduct, including multiple appeals
  • Assisted hospital in pursuing claims against external department management company related to breach of contract, which led to significant losses
  • Represented multiple North Carolina hospitals facing legal claims related to tainted drugs received from licensed pharmacies and delivered to patients
  • Defended provider clients in Multi-District Litigation relating to manufacture and sale by compounding pharmacy of contaminated drugs
  • Represented diagnostic imaging provider in multimillion dollar civil suit against former customer involving alleged sham entities, fraudulent transfers, and certificate of need issues.
  • Represented a long term care provider against a major bank related to interest rate swap financing

* Past success does not indicate the likelihood of success in any future legal representation.

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