Robinson Cole LLP
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Medical Staff Issues

Business relationships between health systems and physicians continue to evolve. Hospitals and health systems face new and emerging risks in medical staff operations as well as in the physician credentialing and discipline process.

Robinson+Cole understands the unique nature of the medical staff organization model, the complexities of the business and legal relationship between credentialed physicians and hospitals, and how to effectively manage liability risks and potential legal claims arising out of medical staff privileges disputes.

Our representation of hospitals and health systems in medical staff matters includes advising clients on medical staff bylaws and policies, as well as medical staff management, such as appointments and credentialing. We also litigate physician credentialing, discipline, and privileges disputes pursuant to the requirements of medical staff bylaws.

Privileges and credentialing disputes are high-stakes matters. Our focus is to advise our clients on minimizing the litigation, regulatory, and accreditation exposure that often accompanies the decision to recommend adverse action against a physician’s staff privileges.

Experience


Nursing Home Revision of Bylaws + Rules

Representation of a nursing home in connection with a complete revision of its medical staff bylaws and rules and regulations, including revisions to ensure compliance with applicable statutes, regulations and accreditation standards of agencies such as Joint Commission on Accreditation of Health Care Organizations, Centers for Medicare and Medicaid Services and the Connecticut Department of Public Health.

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Outside General Counsel

Regular representation of hospitals, integrated delivery systems, nursing homes, continuing care retirement communities, physician groups, outpatient clinics and other health care providers as outside general counsel. Regularly advise these clients in matters of corporate governance, contracts, regulatory compliance, corporate compliance, risk management, policies, fundraising and tax exemption, employment, labor and litigation. Work closely with senior management and/or general counsel in transactional and day-to-day risk management and operational issues.

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Wrongful Termination of Staff Privileges

Representation of hospital in claim by surgeon of wrongful termination of staff privileges. Defended case successfully through administrative hearings, trial and appeal to Connecticut Supreme Court, establishing legal standard of substantial compliance with bylaws hearing procedures.

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