William R. Forstner

T (919) 755-8714
F (919) 755-8800


Bill Forstner's practice focuses on health care and litigation in the Raleigh office of Smith Moore Leatherwood.  He has been involved with the representation of hospitals, nursing homes, physicians, medical practices, and other health care providers in litigation matters, including professional malpractice litigation, contract disputes, non-competition agreements, employment matters, certificate of need and licensure issues, EMTALA hearings, medical staff conflicts, and other areas.  He regularly advises clients with respect to regulatory compliance, risk management, HIPAA and medical records issues, and operational concerns.

Mr. Forstner works with municipalities in Wake County, advising and representing such entities with respect to land use and development concerns, employment issues, contracts, and other matters.  He also represents individuals and businesses in eminent domain proceedings.  Additionally, Mr. Forstner has assisted companies with corporate formation, preparing initial corporate documents, and maintaining business eligibility in North Carolina.


Education

  • J.D., with high honors, University of North Carolina School of Law, 2004
  • B.S., Political Science and Psychology, with distinction, University of North Carolina at Chapel Hill, 2000

Admissions

  • North Carolina, 2004
  • United States District Court, Eastern District of North Carolina, 2008
  • United States District Court, Middle District of North Carolina, 2010

Academic Honors

  • Order of the Coif
  • Staff writer, North Carolina Law Review
  • Goudes Scholarship for academic merit
  • Gressman-Pollitt Award for Best Appellant in Oral Argument
  • Entrepreneurial Law Association
  • 2000 Mock Trial Competition, UNC Law School

Achievements

  • Selected by Law & Politics Magazine for inclusion in North Carolina Super Lawyers–Rising Stars Edition, Health Care, 2011-2012
  • Business Leader Magazine's "Movers & Shakers" (2010), awarded to executives in leadership positions making a difference in their companies and the community

Professional Memberships

  • North Carolina Bar Association
  • Wake County Bar Association
  • North Carolina Society of Healthcare Attorneys
  • American Health Lawyers Association

Publications

  • Co-author, "Fast-Track Medicare Decertification—A Twenty-Three-Day (or Less) Death Penalty?" – AHLA Hospitals and Health Systems Rx, December 2010
  • Author, "EMTALA May Apply to Inpatients!  The U.S. Supreme Court Declines to Review a Case that Expands EMTALA Obligations to Unstable Inpatients", National Journal of Health Care Compliance, November/December 2010
  • Co-author, "Changes in North Carolina's Peer Review Privilege: The Hospital Now Has the Burden to Establish the Confidentiality of Peer Review Documents" – Health Care Law Note, June, 2010
  • Author, "Access and Cost for Mental Health Services: Changes to Involuntary Commitment Process for Mental Health Patients" – AHLA Healthcare Reform Educational Taskforce, February 2010
  • Author, "North Carolina Healthcare Legislative Update" – AHLA Healthcare Reform Educational Taskforce, July 2009
  • Author, "Court Limits Duty Of Hospitals In Responding To Credentialing Inquiries" – Health Care Law Note, June, 2008
  • Author, "Session Law 2007-541: Voluntary Arbitration of Medical Malpractice Suits" – The Defender, April, 2008
  • Co-author, "Session Law 2007-541: Voluntary Arbitration of Medical Malpractice Suits" – Health Care Law Note, November, 2007
  • Co-author, "HIPAA Preemption: Making a Federal (Question) Case Out of It" – HIT News, May 2006
  • Co-author, "DHHS Issues Final HIPAA Enforcement Provisions" – HIT News, May 2006
  • Co-author, "Case Law Update" – Prognosis
    • Volume 22, Number 1, November 2005
    • Volume 22, Number 2, March 2006
    • Volume 22, Number 3, May 2006
    • Volume 23, Number 1, November 2006
    • Volume 23, Number 2, February 2007
    • Volume 23, Number 3, May 2007
  • "Medical Malpractice Certification, Physician Contracting and Enforceability of Arbitration Clause" – Prognosis, May 2003
  • Co-authored law notes on DOJ Criminal Enforcement of HIPAA and DHHS Civil HIPAA Enforcement