PROTECTING HEALTHCARE PROVIDERS AND THEIR PRACTICES THROUGH AGGRESSIVE ADVOCACY, EXPERIENCED COUNSEL, AND SUCCESSFUL OUTCOMES

ADVOCATES

Weitz Morgan combines its trial-tested litigation and dispute resolution skills with deep industry knowledge to provide our healthcare clients facing litigation the highest level of legal representation.

Our lawyers support their clients in court, arbitration, mediation, and administrative proceedings by combining in-depth experience in healthcare matters with litigation skills developed in trials, hearings, government investigations, and negotiated settlements.

EXPERIENCED & KNOWLEDGEABLE COUNSEL

When acting as advocates in contentious settings where significant consequences are at stake, attorneys must possess a key skill set developed through years of experience to ensure success for clients. What you get with an attorney at Weitz Morgan charged with protection of your interests are qualities like:

  • An in-depth knowledge of the business environment in which practitioners operate,
  • Experience in both trial and negotiated solutions,
  • Strategic decision-making and the ability to see the issues early,
  • Unwaivering confidence and strength of conviction,
  • Unafraid of judges, hard cases, set-backs, opposing counsel, and bigger opponents,
  • Oral and written persuasiveness, and
  • Integrity.

SUCCESSFUL OUTCOMES

We understand the challenges faced by providers in the regulated healthcare industry, and our goal is to minimize institutional risk and disruption for our clients so as to allow their focus to remain on patient care. As part of our comprehensive litigation services offering, we have achieved favorable results for our healthcare clients in the following settings.

  • Medical Staff Peer Review and Staff Privilege Disputes
  • Medicaid Reimbursement
  • Health Care Facilities Construction-Related Disputes
  • Medical Staff Disputes
  • General Commercial Litigation
  • Administrative Hearings
  • False Claims Act Defense
  • Licensure Proceedings
  • Provider De-Certification, Suspension, and Termination Proceedings
  • Insurance and Managed Care Disputes
  • Medical Malpractice Defense
  • Employment Litigation
  • Contract Claims

REPRESENTATIVE MATTERS

Successfully resolved a bad faith peer review case for a physician client against a large national healthcare system. The case centered around the physician’s hospital privileges being suspended after an internal review of a number of cases based on allegations of wrongdoing and negligence. Contending the revocation of privileges was improper because the reviewer was believed not to be a medical doctor, the physician sued the hospital for money damages under a bad faith peer review claim. Of significance, the firm was able to recover for the client without gaining access to the review file.

Defended a San Antonio urologist against two medical board complaints involving allegations of failure to document and unprofessional conduct. Both complaints were dismissed at the initial investigation stage and no record of any complaint exists.

Thwarted an effort by United Healthcare (UHC) to compel the recoupment of $140,000 in payments made by them to a Dallas area acupuncturist. UHC improperly argued that the procedures performed by the physician were out of her scope and that they were improperly coded. Weitz Morgan was able to defeat the claim in its entirety.

Defeated the Texas Medical Board application of TMB Rule 193.17 that would have limited a nurse’s scope of practice with regard to the provision of non-surgical cosmetic procedures. The case went to trial, and the Honorable Stephen Yelenosky rendered a judgment that the rule was void. The TMB’s reasoned justification for the rule was held to be totally inadequate.