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Health Care Litigation
From claims of medical negligence and wrongful death, to insurance coverage and payment disputes, to privacy issues and physician contracts, today’s health care providers face a variety of challenges that can prompt litigation. Whyte Hirschboeck Dudek’s health care litigation team capably and efficiently defends lawsuits and regulatory complaints on behalf of hospitals, nursing homes and physicians, and prosecutes claims for payment and breach of contract for those same clients. Our team also defends lawsuits and regulatory complaints for employee benefit plans, third-party administrators, and employee benefit plan insurers.

Our strength lies not only with the skill and expertise of our litigators, but also in our ability to leverage the knowledge and resources of our colleagues with health law experience. This powerful combination is put to work every day for our clients.

Why Choose Whyte Hirschboeck Dudek?

1.  A Winning Record at Trial

The Whyte Hirschboeck Dudek litigation team has a documented record of success in litigating through trial a wide range of health care issues at the state and federal levels. Whether the matter involves professional negligence, insurance coverage, or commercial disputes on behalf of hospitals, nursing homes, physicians or other health care providers, we consistently litigate to win.

2.  We Are Cost-Conscious

We understand that litigation, from a client's perspective, often consumes more dollars and time than is desirable. Our litigation approach focuses on early evaluation of cases with client participation in order to isolate the key issues likely to arise in the litigation. We design goal-oriented strategies that allow our clients to know precisely what we are doing, and why we are doing it. We litigate with a clear goal in mind versus simply reacting to the strategies of other parties. We find that focusing on a few key issues with client input reduces or eliminates the most common wasteful litigation practices. Whyte Hirschboeck Dudek's goal is the best litigation result at the best price – with no surprises.

3.  Diverse Team of Health Care Litigators

Whyte Hirschboeck Dudek has wide-ranging experience in many different areas of health care, including professional negligence, business relationships, coverage disputes, payment disputes, and privacy issues. Our litigators have represented regional health care systems, nursing homes, individual physicians, self-insured employee benefit plans, third-party administrators, and national insurance companies who insure health care benefits.

Types of Clients Served...

  • Hospitals and Regional Health Care Systems
  • Physicians and Physicians Groups
  • Skilled Nursing Facilities
  • Employee Benefit Health Plans
  • Third-Party Administrators of Self-Insured Employee Benefit Plans
  • Insurers of Employee Benefit Plans

...and how we serve them

Our litigators are highly skilled in defending as well as prosecuting on behalf of our health care clients. See below for our list of representative engagements.

Litigation Issues Facing Our Health Care Clients
  • Professional Liability Climate – Increasing efforts to assign liability for professional judgments and course of medical treatment

  • Insurance Coverage Disputes – Denied payments due to contract exclusions such as cosmetic or investigational treatment, and limitations for “not medically necessary” treatment

  • Physician contracts – The level of assistance owed to contract physicians by hospitals or physicians groups, and enforcement or defense of restrictive covenants involving individual physicians

  • Billing and computer support – Disputes over software billing programs when such programs fail or are alleged to have failed

  • Fees – Proper payment of services for “network providers” and proper payment for “non-network providers” under limitations commonly referred as “usual, customary and reasonable” fee reductions

  • Privacy – Disclosure of private health information under HIPAA, as well as designing and implementing record retention policies that comply with federal and state law

Representative Engagements

  • Successfully conducted numerous jury trials in cases alleging wrongful death and medical negligence.
  • Represented physicians in contract disputes involving restrictive covenants.
  • Defended regional health care systems in litigation commenced by former contract physicians.
  • Defended home health care agency in week-long trial of criminal counts brought by the Wisconsin Department of Justice Medicaid Fraud Unit.
  • Represent major Wisconsin health insurers in coverage litigation.
  • Represented major HMOs in ERISA benefit litigation.
  • Represented payors in fee disputes over thousands of allegedly improperly calculated “in network” payments in an “indirect” network arrangement.
  • Represented stop loss carrier for employee benefit plan in non-network “usual, customary and reasonable” fee litigation.

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