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

Thomas "Tom" Allen
Partner ~ Atlanta, Georgia|
(404) 685-4275
(404) 214-7985
Howard Bogard
Partner ~ Birmingham, Alabama|
(205) 458-5416
(205) 244-5605
Howard
Richard Brockman
Counsel ~ Birmingham, Alabama|
(205) 458-5175
(205) 458-5100
Richard
Angie Cameron
Partner ~ Birmingham, Alabama|
(205) 458-5209
(205) 244-5728
Angie
Kelli Fleming
Partner ~ Birmingham, Alabama|
(205) 458-5429
(205) 244-5762
Kelli
James Hoover
Partner ~ Birmingham, Alabama|
(205) 458-5111
(205) 244-5660
James
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
Michael
John Mooresmith
Counsel ~ Montgomery, Alabama|
(334) 387-2072
(205) 244-5685
John
John Morrow
Partner ~ Birmingham, Alabama|
(205) 458-5298
(205) 244-5687
John
David Proctor
Partner ~ Birmingham, Alabama|
(205) 458-5166
(205) 244-5735
David
Bradley Vance
Partner ~ Jackson, Mississippi|
(601) 709-3456
(866) 443-1582
Bradley
Robert Williams
Partner ~ Tampa, Florida|
(813) 367-5712
(813) 357-3533
Robert

Experience Matters

Brief sentence defining representative matters.

  • 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.
  • 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.).
  • Medical Staff Disputes

    Retained to defend physician in charges by medical staff of unsafe procedures.
  • Non-Compete

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

    Lead counsel for national pharmacy chain in defense of putative class action claim under Robinson-Patman Act alleging disparate pricing for non-insured consumers. Dismissed.

RESOURCES