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 false claims and qui tam defense, 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:
  • Defending health care providers and their employees in qui tam and false claims act lawsuits as well as responding to Civil Investigative Demands ("CID"), search warrants and grand jury subpoenas
  • 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
C. Paul Cavender
Partner ~ Birmingham, Alabama|
(205) 458-5350
(205) 244-5618
C. Paul
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
Partner ~ Nashville, Tennessee|
(615) 724-3248
(615) 724-3348
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
Angie Cameron Smith
Partner ~ Birmingham, Alabama|
(205) 458-5209
(205) 244-5728
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.

  • Medical Staff Disputes

    Retained to defend medical staff in prosecuting suspension of privileges based on physician’s malfeasance.
  • 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.
  • 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.).
  • Non-Compete

    Represented physicians and physician groups in non-compete litigation and negotiations.
  • Class Action

    Lead counsel for health insurer in defense of putative class action by a group insurance subscriber alleging unfair denial of claims by women seeking certain cancer screening and treatment. Dismissed and affirmed on appeal.