We guide our clients through the dispute resolution process by representing them in healthcare mediation or healthcare arbitration, and where necessary, by vigorously litigating their healthcare legal disputes. We represent clients in disputes involving health information technology companies, health and medical ventures, medical clinics, medical groups, medical spas, health maintenance organizations, health systems, hospitals, insurers, managed care companies, patients, physicians and medical experts, and other clinical providers.
Our legal team understands the legal nuances of healthcare arbitration agreements and healthcare arbitration clauses, because we both draft healthcare arbitration agreements on the transactional side, and litigate healthcare arbitration agreements when relationships falter.
- Arbitration agreements are common in physician employment contracts and other healthcare employment contracts, and frequently are regarded favorably by the parties for providing a mechanism resolve disputes outside of the court system. This rosy view of arbitration as a dispute resolution mechanism, however, is not always the reality once the parties disagree. The healthcare arbitration agreement sets the stage for the dispute resolution process.
- Healthcare arbitration agreements have to be drafted carefully, particularly in the employment context; or they can be subject to being struck by judges on the grounds of unconscionability if they are too one-sided.
- Healthcare employment contracts must be carefully analyzed for attorney fee provisions as well as to determine whether the contain mandatory and/or enforceable arbitration provisions.
- Filing a healthcare arbitration claim, whether in California, New York, or elsewhere, can also be expensive, and this expense can be a deterrent to initiating the healthcare arbitration process.
- Healthcare arbitration may be less time-consuming and more convenient than litigation, although arbitrators are sometimes perceived to ‘split the difference’ and present less of a zero-sum game. It depends on the expertise and skill of your healthcare arbitrator.
Contact our healthcare and FDA lawyers for healthcare legal advise concerning your healthcare arbitration or healthcare mediation.
If you are looking for a healthcare arbitrator, our attorneys has extensive experience in a variety of healthcare matters, including regulatory & compliance, healthcare transactional and corporate, and healthcare litigation, with healthcare legal and regulatory issues such as:
- Stark, self-referral, anti-kickback and fee-splitting
- HIPAA and HITECH
- scope of practice, unlicensed practice, and corporate practice of medicine
- medical peer review (medical staff privileges) litigation
- issues affecting medical spas and management service organizations (MSOs)
- FDA legal and regulatory issues with respect to:
- dietary supplements
- medical devices
- homeopathic products
- OTC drugs
Contact our legal team for advise concerning your healthcare arbitration.