Health Law, Health Litigation, Litigation
Disputes between doctors or medical companies should be handled with caution. There are many examples where inexperienced attorneys turned a civil dispute into a criminal investigation by the US Attorney's Office. Don't let this happen to you. When you find yourself in the unfortunate position of having to defend your practice and reputation, you don't want to experiment and risk chaos. Common healthcare litigation such as B. partnership disputes between physicians, former employees suing or threatening to sue a medical company, unsubstantiated allegations of bribery violations, defamation, theft of trade secrets and treatment records, qui-tam and whistleblower lawsuits seeking to expose or defend Medicare fraud are handled by experienced attorneys with a proven track record.
About Us
Oberheiden, PC, is a team of former Department of Justice District Attorneys, former Assistant U.S. Attorneys, and Special Assistantshealth fraudInvestigations, former prosecutors and experienced litigators. We offer customers adedicated focuscombining expertise in healthcare law and proven results in litigation. We act in civil and criminal cases in the health area.
How many health-related issues have you dealt with?
Oberheiden, PC:over 2,000 editions together
How many lawsuits have you fought?
Oberheiden, PC:around 800 essays
Who takes care of my case?
Oberheiden, PC:no paralegals, no junior attorneys, only senior attorneys.
dr. Nick Oberheiden
founder
Attorney
John W. Seller
Former Chief Trial Prosecutor
United States Department of Justice
on-site attorney
Joanne Fine DeLena
Former Auxiliary Federal Inspector
on-site attorney
Joe Brown
Former US Attorney and Former District Attorney
Local trial attorney and barrister
Amanda Marshall
Former United States Attorney. UU.
on-site attorney
Aaron L. Wiley
former Fiscal Confederation
on-site attorney
Roger Bach
Former Special Agent (OIG)
Michael Kozlow
Ehemaliger Special Supervisory Agent (FBI)
fast chris
Former Special Agent (FBI and IRS-CI)
Kevin M. Sheridan
Former Special Agent (FBI)
Ray Yuen
Ehemaliger Special Supervisory Agent (FBI)
Dennis A Wichern
Former Special Agent in Charge (DEA)
Questions to Ask Yourself Before Hiring a Lawyer
You have to look it up.If you believe you have a cause of action against another party or have been sued and the case affects the healthcare industry in any way, you should hire an attorney who has the necessary experience and skills.
As, you need to find an experienced attorney who has the experience and skills in the courtroom and can confidently take your case through petitions, investigations, pretrial motions, and finally through hearing before a jury or judge.Do, you need an attorney who knows healthcare laws and regulations and can recognize potential pitfalls in the case to protect your litigation interests and your business interests so that the case does not result in unlawful disclosure. expected. in other areas. In other words, you don't need a health attorney and you don't need a litigator, you need both in one.
When looking for the right lawyer to handle your health cases, make sure the lawyer has the necessary experience before signing and transferring any funds. While every case is different, we recommend that you ask any potential attorney the following five questions:
1. What percentage of your litigation is health related?
While it is not necessary to only consider lawyers who exclusively practice health litigation, you should ensure that the lawyer handles these types of cases often enough to be current with the latest health laws and regulations, as well as at the local level for your court. . The more you have to explain to your lawyer, the more expensive it gets. The less your attorney knows about health law, the greater the risk of this litigation turning into a grand experiment. Do you really want to try it?
2. How many cases have you handled with these types of complaints?
Health litigation covers a wide range of cases that extend from one anotherFalse Claims ActLaw enforcement, Stark Act disputes, ERISA issues, HIPAA violations, contract disputes, reimbursement disputes, and disputes over licenses, credentials, and personal privileges. Make sure your attorney is familiar with the nature of the legal issues in your particular case and has a background specific to your situation. For example, if you are defending a whistleblower/who elseIn any case, insist on getting specific and accurate answers about your attorney's experience and track record in defending these types of federal cases.
3. What type of client do you typically represent?
In addition to familiarity with the law involved, you want to know that your attorney is familiar with the nature of your business. Does he or she understand your company's structure? Does he or she know how your billing system works? Again, the healthcare industry is known to be complex. You simply cannot expect a typical litigator to know as much about health insurance billing, HIPAA, or anti-corruption challenges as someone who deals with these matters on a day-to-day basis.
4. How is the billing done?
Before signing an engagement letter, make sure you understand exactly how attorney fees are calculated. How much is the down payment and how often should it be replenished? Is your case billed monthly or as a flat fee throughout the year, or billed hourly or on a success basis? How often do you receive an invoice? Are junior attorneys authorized to bill your case? Are paralegals or senior lawyers your daily contacts? Do you have to pay for each lawyer who works on your case, or just the main lawyers?
5. Which lawyers will work on my case?
Finally, with many law firms, you should not assume that the attorney you initially contacted or met in your initial consultation is the person who will appear in court on your behalf, let alone the day-to-day duties required in litigation. Many law firms rely on paralegals, paralegals or junior attorneys to handle investigations and other pre-trial matters and applications. While this work can be done at a lower hourly rate, it will cost more in the long run if the work takes longer, is not properly supervised, or requires review by a mid-level or higher level attorney who will charge you again for the same work product. So ask ahead of time: will they use paralegals and experienced junior attorneys or senior attorneys handle my case and represent my interests?
El Oberheiden, PC History of Health Litigation
Oberheiden lawyers, P.C. sued, defended and, most importantly, won health care cases in courts across the country, including California, Florida, New York, Washington DC, Arizona, Georgia, Colorado, Louisiana, New Mexico, Oklahoma and Tennessee Texas.
Oberheiden lawyers, P.C. They appeared in courts across the country. In any case, we aim to protect our clients' interests in disputes that span the entire spectrum, from intellectual property cases to breach of contract claims. Our attorneys have recently achieved these convincing results in court, mediation, administrative or liquidation proceedings.
regulation and government
- Advising national toxicology laboratories on their successful defense against a Qui Tam case brought by former employees. We persuaded the government not to intervene and closed the case without civil or criminal liability to our client.
- Advising the Pharmacy Consortium on its successful defense against a Qui Tam case brought by former employees. We persuaded the government not to intervene and closed the case without civil or criminal liability to our client.
- Advising a national medical device company on its successful defense against a Qui Tam case brought by former employees. We persuaded the government not to intervene and closed the case without civil or criminal liability to our client.
- Advise laboratory testing facilities on their successful defense against a Qui Tam case brought by former employees. We persuaded the government not to intervene and closed the case without civil or criminal liability to our client.
- Playing a doctor in a major commercialinsurance check. Matter resolved without civil or criminal liability for our client.
- Representing a major healthcare company in ZPIC (Zone Program Integrity Contractor) audits regarding allegations of fraudulent billing. No civil or criminal liability for our client.
- Representing a clinical laboratory in a billing issue with a large insurance company. All retained funds have been paid out to our customers.
- Representing a pharmacy in a billing issue with a large insurance company. All retained funds have been paid out to our customers.
Defamation and Unlawful Interference
- Successful intervention in favor of health economics. He obtained a restraining order against a former employee who alleged violations of the Stark Act.
- Successful intervention in favor of health economics. He received an injunction against the sale of bankrupt hospital assets.
- Successful intervention in favor of health economics. Obtained an injunction against a former employee for breach of the non-compete clause.
- Successful intervention on behalf of the physician. Obtained a restraining order against ex-spouse for interfering with client's current work and falsely reporting ethical violations.
- Successful intervention in favor of health economics. Obtained an injunction against a former employee for breach of the non-compete clause.
- Successful intervention in favor of health economics. An injunction was obtained against the management company's attempts to license home health care.
- Successful intervention in favor of health economics. An injunction was obtained restricting the destruction of the creditor's assets.
- Successful intervention in favor of health economics. Obtaining an injunction against unlawful interference by a competitor in the toxicology business.
Intellectual property litigation
- Successfully defending healthcare companies against allegations of civil and criminal copyright infringement.
- Successfully representing OP-Zentrum in copyright and trademark infringement disputes.
- Successfully representing OP-Zentrum in copyright and trademark infringement disputes.
- Successfully representing a hospital in lawsuits alleging anti-competitive collaboration.
- Successfully representing clients in relation to allegations of unfair competition and anti-competitive sales practices.
- Successfully representing companies in relation to allegations of unfair competition and anti-competitive sales practices.
- Successful intervention on behalf of a medical inventor in a major medical device dispute. Case resolved on very favorable terms for our client.
- Successful intervention on behalf of a medical inventor to prevent patent infringement.
Labor and Competition Litigation
- Successfully representing a health management services organization against a former director alleging racial and gender discrimination. Our team obtained summary judgment in US federal court, dismissing all of the former employee's claims.
- Successfully representing Healthcare Service Group against a former employee for alleged violations of state and federal law. Our team received an immediate dismissal in a US federal court.
- Successfully representing a major healthcare company against a former board member. He got a restraining order and a restraining order.
- Successfully representing a major healthcare company against a former board member. He got a restraining order and a restraining order.
- Successfully representing a major healthcare company against a former board member. He got a restraining order and a restraining order.
- Successfully representing a major healthcare company against a former board member. He got a restraining order and a restraining order.
- Physician's successful defense against unenforceable non-compete clause.
- Successful defense of a controversial healthcare settlement against a former key sales non-compete agreement.
For more information about our healthcare litigation and a free, confidential consultation, please contact Oberheiden, P.C. Today. Each call is handled by one of our senior attorneys with extensive healthcare and litigation experience.
Do you need a health law attorney?
ContactExperienced Oberheiden trial attorneys, P.C. Today.
Oberheiden, PC
Litigation - Compliance - Defense
888-680-1745
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Not all the superior heathens, P.C. are licensed in California and nothing contained herein is intended to constitute an unauthorized legal practice.
FAQs
Which factor should you consider when choosing a lawyer? ›
...
Here are 10 factors you should think about when searching for a lawyer:
- Long or short term? ...
- Area of law. ...
- Are they highly regarded? ...
- Location. ...
- Experience. ...
- Size of firm. ...
- Cost and billing. ...
- Compatibility.
Reimbursement Litigation
It is essential to ensure that providers are compensated fairly for their services, and just as essential to ensure that no individual is billed unfairly. An experienced attorney with background in the healthcare industry can assist with litigation of this nature.
State Bar Profile – Every lawyer licensed to practice must be listed in their state's bar association directory. For California, you can check the State Bar of California website to see whether an attorney is in good standing.
How do you deal with difficult lawyers? ›- Point out Common Ground. ...
- Don't be Afraid to Ask Why. ...
- Separate the Person from the Problem. ...
- Focus on your Interests. ...
- Don't Fall for your Assumptions. ...
- Take a Calculated Approach. ...
- Control the Conversation by Reframing. ...
- Pick up the Phone.
- Trustworthiness. First and foremost, your client needs to trust you. ...
- Understanding and Empathy. People don't typically seek legal services because something good happened to them. ...
- Consistent and Clear Communication. ...
- Their Legal Problem to be Solved.
- Commitment (most important)
- Integrity.
- Commentary.
- Fairness in fees.
Misdiagnosis is the number one type of medical malpractice lawsuit. This is when a doctor fails to correctly diagnose a patient's condition or fails to recognize the signs and symptoms of a condition. This can lead to the wrong treatment or delayed treatment, which can have serious consequences for the patient.
Why do people choose litigation? ›Litigation allows people to settle disputes that they have been unable to on their own. A lot of the time, the parties involved in a disagreement are so emotionally invested in the argument that it is hard for them to look at it clearly. Neither side wants to budge because they feel wronged.
What is a main purpose of litigation *? ›Litigation is the process of taking a legal dispute through the court system. It can be used to resolve a wide variety of disputes, including contract disputes, personal injury claims, and business disputes.
Should you tell your lawyer everything? ›A client should always feel comfortable telling their attorney the whole truth of the matter for which they are being represented. Any communications that take place with the purpose of securing assistance in a legal proceeding, legal services, or securing a legal opinion are protected.
How often should your lawyer communicate with you? ›
There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.
Why do lawyers drag out cases? ›Their goal is to drag the case on and pay out as little as possible. This earns more money for the attorney, who gets paid by the hour, and also can help frustrate the plaintiff into making a better settlement for them out of desperation.
What is a lawyer's weakness? ›Many attorneys struggle with lack of organization, poor proofreading and editing skills, and typos. If that describes you, take heart, because those weaknesses do not have to stand in the way of your success–or waste your time with efforts to improve them.
Can a lawyer tell a client what to say? ›Most, but not necessarily all, of what you tell your lawyer is privileged. The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.
What are 3 questions you should ask a lawyer before hiring? ›- Will you be the attorney personally handling my case?
- Will you take the case all the way to trial if necessary?
- What results have you obtained in the past for cases like mine?
- Can I call or email you directly with questions I have about my case?
- My case will be easy money for you. ...
- I have already done the work for you. ...
- I forgot I had an appointment. ...
- I've already talked to a lot of other lawyers. ...
- I don't have all my documents.
being involved in a serious accident causing personal injury or property damage; a change in family status such as divorce, adoption, or death; and. a change in financial status such as obtaining or losing valuable personal property or real estate, starting a business, or filing for bankruptcy.
What are 3 important things to a client? ›Essentially, the 3 important qualities of customer service center around three “p”s: professionalism, patience, and a “people-first” attitude. Although customer service varies from customer to customer, as long as you're following these guidelines, you're on the right track.
Do attorneys get more than the client? ›With filing fees and other court costs, an attorney may end up with 40 to 60% of an award. The amount they obtain for clients, however, is often still more than the client could have received without representation.
Which element of malpractice is hardest to prove? ›Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.
What are 3 alternatives to the litigation process? ›
In fact, only a small percentage of litigated cases proceed through trial. Most are settled through negotiation, mediation, arbitration or other forms of alternative dispute resolution (ADR).
What are the disadvantages of litigations? ›- Inability to Choose the Decision-maker: Parties to litigation are usually assigned a judge and/or a jury to decide the case. ...
- Expensive and Time-Consuming: Litigation will often take much longer than arbitration to conclude, which increases fees and other costs associated with the court.
- Don't Litigate for Spite or Revenge. Definitely don't make your litigation decisions for vindictive reasons. ...
- Seek Mediation Instead of Litigation. ...
- Be the Master of Your Case. ...
- Listen to Your Advisers. ...
- Be Flexible.
Engaging in litigation can mean protecting intellectual property, sets a precedent and can sometimes be less costly than other methods and also becomes public record. Disadvantages are that it can be a lengthy process, can damage relationships and be impersonal.
Why do people avoid litigation? ›As a general rule, most experienced lawyers advise their business clients to avoid litigation if possible. The reasons are simple: litigation is costly, unpleasant, and uncertain. Most business people are better suited for their chosen businesses and not suited to serve as professional litigants.
What are the responsibilities of a litigation lawyer? ›"Aiding in the preparation and review of documents papers, letters, and the like. Filing documents in court. Readying materials for trial proceedings including documents, evidence and verifying factual information. Dispatch of documents, letters, papers and the like.
What is the responsibility of a litigation lawyer? ›What is a Litigation Lawyer? Known also as Litigators, Litigation Lawyers and Solicitors specialise in the resolution of disputes between individuals and/or corporations and are responsible for representing claimants or defendants before, during and after court hearings.
Is it best to be honest with your lawyer? ›Being honest with your attorney is crucial to your case. Because of attorney-client privilege, anything you say to your attorney will stay between the two of you. Some things might be hard to admit to yourself, let alone someone else, but being dishonest with your lawyer will not only hurt you but also them.
Do clients tell lawyers the truth? ›The best strategy for someone facing criminal charges is to follow the lead of an experienced, trusted criminal defense lawyer, and no matter, to be truthful with that lawyer.
Can you really tell your lawyer anything? ›The attorney-client privilege is a legal protection that keeps communications between lawyers and their clients confidential. This means that you can tell your lawyer almost anything without worrying that it will be used against you in court.
What is the hardest question to ask a lawyer? ›
- What's your opinion of the probate process?
- Under what conditions do you recommend a Living Trust?
- How do I protect my children from abusive relatives if something happens to me?
- Can I keep my kids from controlling their entire inheritance at 18?
- Has the Client Hired a Lawyer Before? ...
- Is This Case Right for Your Practice? ...
- Who is the Other Party and Who is Their Lawyer? ...
- Is There a Conflict of Interest? ...
- Need Help with Client Screening?
- Do I have a problem that can be resolved by law?
- What legal risks am I facing?
- What documents do I need to support my case?
- Do I need statements from witnesses?
- What are my options for resolving the dispute out of court?
- How can I settle the case?
It is your right to avoid self-incrimination and this cannot be used against you. In most cases, it is always best to let your attorney do the talking. If you hear a major issue or inconsistency, immediately alert your attorney privately.
Does a lawyer have to listen to their client? ›Most people would agree that good communication is key to any successful relationship. The lawyer-client relationship is no exception. To provide the best representation possible, lawyers must listen attentively to their clients and be responsive to their needs.
How do lawyers refuse clients? ›The decision to decline a representation is best to communicate that declination in writing. "Non-engagement letters" should clearly inform the prospective client that the law firm will not represent the prospective client in that matter and that he or she should not rely on the lawyer for any advice or legal action.
How fast should your lawyer get back to you? ›A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.
How do you answer a difficult deposition question? ›- Tell the truth. ...
- Think before you speak. ...
- Answer the question. ...
- Do not volunteer information. ...
- Do not answer a question you do not understand. ...
- Talk in full, complete sentences. ...
- You only know what you have seen or heard. ...
- Do not guess.
- 1) Good communication skills. Lawyers must be orally articulate, have good written communication skills and also be good listeners. ...
- 2) Judgement. ...
- 3) Analytical skills. ...
- 4) Research skills. ...
- 5) People skills. ...
- 6) Perseverance. ...
- 7) Creativity.
Trustworthiness, listening skills, emotional awareness, diplomacy, and other human relations capabilities are the coin of the realm for successful corporate lawyers. (Again, excellent judgment and management skills are taken as a given for these positions.)
Can a client record a conversation with a lawyer? ›
Know the Law
Practically, this means that a client only needs his own consent to record a conversation with his attorney.
- Death of a Client. The privilege may be breached upon the death of a testator-client if litigation ensues between the decedent's heirs, legatees or other parties claiming under the deceased client.
- Fiduciary Duty. ...
- Crime or Fraud Exception. ...
- Common Interest Exception.
[1] A lawyer is required to be truthful when dealing with others on a client's behalf, but generally has no affirmative duty to inform an opposing party of relevant facts. A misrepresentation can occur if the lawyer incorporates or affirms the truth of a statement of another person* that the lawyer knows* is false.
What factors are most important to you when selecting a law firm? ›When choosing an attorney, consider the amount of experience they have, as well as the specific types of law they practice. Whether you need representation in court, or assistance in appealing property taxes, make sure your attorney has the knowledge to take on the task successfully.
What is the most important quality of a lawyer? ›Along with being intelligent, successful lawyers need to have the ability to be persuasive in the courtroom. You need to be someone who is confident in yourself and your ability to represent a client or business entity.
How do you choose a choice of law? ›Courts faced with a choice of law issue generally choose between the laws of the state where the lawsuit was brought and laws of the state where the cause of action arose. Usually, the law of state where the lawsuit was brought is chosen for procedural matters.
What are the factors influencing choice of law? ›They include party expectations, societal interests—including the policies underlying particular rules of law—ease in the administration of justice, and fairness, among others.
How do you impress a law firm? ›- Do your research. ...
- Do be enthusiastic. ...
- Do treat everyone the same. ...
- Do be punctual. ...
- Don't be caught without a notebook and pen. ...
- Don't be afraid to ask questions. ...
- Don't miss the chance to network with lawyers and other firm representatives.
“Show you've done your research and be personal about why you want to do law. Explain why you decided to study law. What made you decide to do this course for three or four years? It really stands out when people are personal about this and can give an interesting story about why they want to be a lawyer.”
What makes a good litigator? ›The most successful litigators are not always the loudest or the most boisterous; they are the most curious, the most detail-oriented, the best prepared, and the most willing to outwork the opposing side. On a personal level, I love litigation because it involves lifelong learning.
What are the weaknesses of a lawyer? ›
- High-stress situations. When you're in this profession, it's important to meet deadlines and the demands of your clients. ...
- Long hours. ...
- Expensive education. ...
- Not as many client opportunities. ...
- Client's aren't spending as much. ...
- Threat of outsourced legal work. ...
- Negative stigma. ...
- Difficult clients.
- Immigration lawyer.
- Employment law associate.
- Personal injury lawyer.
- Civil litigation attorney.
- Real estate attorney.
- Intellectual property attorney.
- Bankruptcy lawyer.
- Family lawyer.