Health Care Litigation

Health Care is one of the driving economic forces in the South and in the country; it’s also an essential focus of our firm.

In such a highly complex and regulated environment, we practice preventative law, by not only assisting clients with achieving their goals, but also avoiding unnecessary legal issues. Our attorneys represent numerous health care organizations, including hospitals, senior living facilities, surgery centers, pharmacies, pharmaceutical manufacturers and distributors, hospice and home health agencies, physician practices, and diagnostic centers, as well as medical device, biotech, and information technology companies. From a litigation standpoint, our representation ranges from fraud and abuse, regulatory, contractual and other commercial litigation, to medical staff, licensure, and third-party payor hearings. When it comes to understanding the intricacies of health care litigation, thriving businesses turn to the Burr & Forman health care team.

General Litigation

When it comes to representing health care providers with regard to litigation issues, Burr & Forman has handled it all, including the following:
  • Representing health care providers in state and federal fraud and abuse litigation
  • Representing hospitals and physicians with regard to alleged Emergency Medical Treatment and Active Labor Act ("EMTALA") violations
  • Representing hospitals, medical staffs, and physicians in medical staff credentialing and privilege litigation
  • Defending physicians, nurses, and hospitals in medical malpractice litigation
  • Representing health care providers in antitrust, contract, and employment litigation
  • Representing health care providers as creditors against entities owing debts, including liquidating and restructuring work-outs and bankruptcies
  • Assisting health care providers as debtors with work-outs and restructuring of debts and capital structures, both in and out of bankruptcy court

Regulatory Litigation

Regulatory issues often arise in the litigation context and, in that regard, the Burr & Forman health care team has experience litigating the following:
  • Representing health care providers in both state and federal fraud and abuse investigations
  • Representing health care providers in Regional Advisory Council ("RAC"), Medicare and other third-party payor audits, hearings, and appeals
  • Representing clients in physician, pharmacy, and other state licensure proceedings
  • Defending clients in a broad range of federal and state agency (such as Medicaid, FDA, DEA) actions including investigations, adverse decisions, and contested case proceedings

Certificate of Need Litigation

Our experience with certificate of need matters is quite vast. From a litigation standpoint, we have represented numerous provider types in contested cases, declaratory judgments, agency hearings, and appeals.

Our Attorneys

Howard Bogard
Partner ~ Birmingham, Alabama|
(205) 458-5416
(205) 244-5605
Richard Brockman
Counsel ~ Birmingham, Alabama|
(205) 458-5175
(205) 458-5100
Angie Cameron
Partner ~ Birmingham, Alabama|
(205) 458-5209
(205) 244-5728
Kelli Fleming
Partner ~ Birmingham, Alabama|
(205) 458-5429
(205) 244-5762
James Hoover
Partner ~ Birmingham, Alabama|
(205) 458-5111
(205) 244-5660
J. Matthew Kroplin
Associate ~ Nashville, Tennessee|
(615) 724-3248
(615) 724-3348
M. Maggie Lester
Associate ~ Birmingham, Alabama|
(205) 458-5207
(205) 244-5727
M. Maggie
Michael Lucas
Partner ~ Birmingham, Alabama|
(205) 458-5204
(205) 244-5673
John Mooresmith
Counsel ~ Montgomery, Alabama|
(334) 387-2072
(205) 244-5685
John Morrow
Partner ~ Birmingham, Alabama|
(205) 458-5298
(205) 244-5687
David Proctor
Partner ~ Birmingham, Alabama|
(205) 458-5166
(205) 244-5735
Jerry Taylor
Partner ~ Nashville, Tennessee|
(615) 724-3247
(615) 724-3347
Bradley Vance
Partner ~ Jackson, Mississippi|
(601) 709-3456
(866) 443-1582
Robert Williams
Partner ~ Tampa, Florida|
(813) 367-5712
(813) 357-3533

Experience Matters

Brief sentence defining representative matters.

  • Civil Fraud Litigation

    Obtained partial summary judgment granting damages in health care civil fraud litigation representing practice against former physician (Fed. Ct., W.D. Tenn.).
  • Certificate of Need

    Retained to represent methadone clinic in obtaining Certificate of Need certificate for operation.
  • Employment Issues

    Represented and handled employee matters for the company including; employee cases, drug testing cases; malpractice cases including wrongful death, wrongful life and birth, genetic testing, pathology, hematology.
  • Management Dispute Litigation

    Represented nursing home owner in litigation against a post-acute and long-term health care services provider in a nursing home management dispute.
  • Average Wholesale Pricing

    Engaged by Fortune 7 company to respond to subpoenas and defend depositions throughout the country in the nationwide Average Wholesale Pricing (AWP) healthcare litigation. Responding to Document Requests and defending depositions pursuant to Subpoenas in various states throughout the country.