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Provider Defense Litigation

Provider Defense Litigation


Providers facing a lawsuit need a trusted advisor, one with both significant litigation experience as well as particular knowledge regarding health care laws and regulation.  That is where Smith Moore Leatherwood comes in.

Collectively, our firm's health care provider defense/medical malpractice litigation experience includes:

  • Managed more than 700 medical malpractice cases and pre-suit claims
  • Tried more than 40 medical malpractice cases to a jury
  • Argued more than 100 dispositive motions and more than 50 motions to exclude experts in provider defense cases
  • Handed medical malpractice cases in dozens of North Carolina counties (including Alamance, Alexander, Bertie, Buncombe, Burke, Cabarrus, Catawba, Cherokee, Cleveland, Cumberland, Davie, Davidson, Durham, Forsyth, Franklin, Gaston, Guilford, Halifax, Harnett, Henderson, Lincoln, Martin, Mecklenburg, Moore, Montgomery, Nash, Orange, Robeson, Rowan, Rutherford, Scotland, Stanley, Stokes, Surry, Union, Wake, Watauga, Wilkes, and Yadkin Counties), as well as in Georgia, South Carolina, and other states

The breadth of medical issues that we have addressed in provider defense cases is extensive.  We have handled allegations involving areas such as anesthesiology, including CRNAs and pain clinics; assisted living, continuing care retirement communities, and other long term and post-acute care facilities; bariatric surgery; cardiology; endoscopy and ENT; emergency medicine; family medicine; dentistry; hospitalist and intensivist care; infectious disease; internal medicine; neonatology and nursery care; nephrology; nursing, including chain of command theories and various nursing specialties; obstetrics and gynecology, including brain damaged babies; oncology; orthopedics; palliative care; pharmacy; psychiatry; pulmonology; radiology; surgery; telemetry; physical, occupational, and other therapy disciplines; urgent care; and urology.  We have also defended hospitals against claims involving respondeat superior liability, apparent agency liability, negligent credentialing, negligent supervision, non-delegable duty, assault and battery, and negligent policymaking.

Advantages of working with our multi-dimensional team include:

  • A top-notch health care regulatory and compliance group, recognized by the AHLA Health Law Section as one of the Top 10 practices in the Southeast Region, which serves as counsel for a large number of hospitals, hospital systems, and long term care facilities in over 21 states, and can readily and efficiently advise our medical malpractice litigation clients on regulatory and compliance issues common to such cases, including:
    • How the ACA affects life care plans in brain damaged baby cases
    • Medicare Section 111 reporting obligations
    • Protection of peer review processes and materials
    • How medical malpractice cases and discovery disputes intersect with reviews of care by accrediting, regulatory, and licensing agencies, like The Joint Commission, OSHA, DHHS, and medical and nursing boards
    • Revisions to policies and procedures on issues arising in such cases
    • Appropriate legal/litigation hold processes for hospitals and other health care providers before, during, and after litigation occurs
  • Labor and employment, tax, corporate, and other lawyers in our firm, who can efficiently advise clients on a wide range of issues, including:
    • How to handle HR/disciplinary issues regarding employees involved in a medical malpractice case or pre-suit claim
    • Employer liability for employee conduct alleged in a medical malpractice complaint
    • Tax implications of complex medical malpractice settlement agreements
    • Enforceability of restrictive covenants
    • Employee benefit plan issues

We believe this team approach allows us to provide a comprehensive, vigorous defense for our health care clients and give clients the information they need to be active participants in their defense.

Thought Leadership


January 2013
"Cover Your Tail (Insurance)", Health Care Law Note
October 2008

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