Miller Canfield represents hospitals, health systems, physicians, medical practices, skilled nursing and rehabilitation facilities, specialty centers, medical device companies and other health care organizations in medical malpractice defense, health care litigation, regulatory matters, transactions, financing, labor and employment, immigration and general business matters.
Our health care attorneys understand the legal, operational and reputational pressures facing medical professionals and health care organizations. Whether defending a medical malpractice lawsuit, advising on regulatory compliance, handling employment disputes or supporting a major transaction or financing, we bring practical judgment, litigation strength and a deep understanding of the health care industry.
Medical Malpractice Defense
Health care providers facing negligence claims need defense counsel who understands both the medicine and the legal risk. Miller Canfield defends hospitals, physicians, medical practices, nurses, skilled nursing facilities, rehabilitation facilities and other medical professionals in medical malpractice lawsuits and related professional liability claims.
Our litigation team handles high-exposure claims involving alleged medical negligence, adverse outcomes, failure to diagnose, treatment decisions, patient care, documentation issues, informed consent, credentialing, peer review and related liability concerns. We work closely with clients, insurers, risk managers, expert witnesses and medical professionals to evaluate claims early, develop strong defense strategies and pursue efficient resolution when appropriate.
When a case must be tried, our lawyers are prepared to take it to verdict. When a matter can be resolved through motion practice, negotiation, mediation or other alternative dispute resolution, we focus on achieving the best outcome while limiting disruption to the provider and organization.
Our medical malpractice defense work is strengthened by the firm’s broader litigation and professional liability experience. We understand that malpractice claims may carry consequences beyond damages exposure, including licensing, credentialing, employment, reputational and regulatory implications.
Health Care Defense and Litigation
Miller Canfield represents health care clients in a wide range of litigation and disputes, including:
- Medical malpractice and professional negligence claims
- General negligence and premises liability claims
- Product liability claims involving medical devices and health care products
- Credentialing, peer review and medical staff disputes
- Employment, labor and discrimination claims
- Contract and reimbursement disputes
- Provider and payer disputes
- Claims involving medical records, privacy and patient information
- Regulatory, administrative and enforcement matters
- White-collar and internal investigations in the health care setting
Our attorneys have significant experience managing high-exposure claims, trying cases to verdict, securing favorable pretrial results and resolving disputes through mediation and other forms of alternative dispute resolution.
Who We Serve
Miller Canfield represents health care clients throughout the U.S. and internationally, including:
- Hospitals and health systems
- Physicians and physician groups
- Medical practices and professional corporations
- Skilled nursing and rehabilitation facilities
- Assisted living and senior living facilities
- Specialty care centers
- Academic medical institutions
- Government programs and agencies
- Charitable health care facilities
- Medical equipment and device manufacturers
- Health care associations
- Dental practices and other licensed health care professionals
Regulatory, Compliance and Operational Counsel
Health care organizations operate in one of the most heavily regulated industries. Miller Canfield advises clients on compliance, governance and operational matters involving HIPAA, EMTALA, Stark Law, anti-kickback rules, payer reimbursement, intermediate sanctions, Medicare and Medicaid compliance, medical records, credentialing, peer review and related regulatory issues.
We assist providers with the drafting and implementation of employment policies, procedures and benefits; medical staff and corporate bylaws; board records; contracts; compliance policies; and other documents necessary to operate and grow their organizations.
Our attorneys also advise health care clients on matters involving the FDA, FTC, medical research and development, capital investment, organizational governance and legislative issues affecting health care providers and professional associations.
Labor, Employment and Immigration
Miller Canfield represents health care employers in labor and employment matters involving physicians, nurses, administrators, professional staff and unionized and nonunion workforces. We advise on employment policies, restrictive covenants, workplace investigations, discrimination and retaliation claims, FMLA and disability matters, collective bargaining, arbitration and litigation.
We also assist health care organizations with immigration needs related to the attraction and retention of physicians, nurses, researchers, executives and other health care talent.
Transactions, Corporate and Real Estate
Miller Canfield advises health care organizations on corporate, transactional and real estate matters, including mergers, acquisitions, affiliations, joint ventures, practice sales, shareholder agreements, buy/sell agreements, practice group agreements, membership agreements, indemnification agreements, managed care contracts, employment agreements, hospital/physician contracts, locum tenens agreements, provider networks, real estate acquisitions and leasing.
Our attorneys understand the regulatory and business considerations that shape health care transactions and help clients structure practical solutions that support their operational and strategic goals.
Public Finance for Health Care Organizations
Miller Canfield’s Public Finance Group serves as bond counsel for hospitals, senior living facilities and other nonprofit health care organizations. We assist with financing and refinancing projects, capital needs, tax-exempt debt, restructuring and transactions designed to preserve flexibility for future growth.
Our experience allows us to help health care borrowers develop creative financing solutions while maintaining compliance with the requirements applicable to tax-exempt financing.
Medical Malpractice Defense and Health Care Litigation
- Represented hospitals, physicians, skilled nursing and rehabilitation facilities, and medical device manufacturers in medical malpractice, premises liability, general negligence and product liability claims.
- Managed high-exposure health care claims through trial, pretrial resolution, mediation and alternative dispute resolution.
- Defended a hospital system against allegations that its charges for providing medical records in response to subpoenas were excessive and violated the state Consumer Protection Act and Patients’ Bill of Rights. The state Supreme Court ordered the complaint dismissed for failure to state a valid claim.
- Represented a national insurance company in disputes arising under its health care plan, including defending the company and its insured in lawsuits filed by providers and plan beneficiaries.
- Represented a large multispecialty medical organization against claims of mismanagement by a group of member physicians.
- Reached a favorable resolution on behalf of a medical services provider in a breach of contract dispute with a former medical billing company.
Employment and Labor
- Obtained summary judgment for a hospital in a disability and retaliation case, following a favorable arbitration award in which an arbitrator upheld the plaintiff’s discharge under the just cause provisions of the collective bargaining agreement.
- Obtained summary judgment from federal district court on behalf of a local hospital in an FMLA lawsuit filed by a nurse. The court concluded that the plaintiff was not entitled to the rights to which she laid claim.
- Secured summary judgment for a defendant hospital in a complex case involving the Pregnancy Discrimination Act amendments to Title VII, FMLA and common law claims.
- Assisted a leading multispecialty physician group in navigating employment issues associated with its merger with another leading physician group practice.
Hospitals, Financing and Public Finance
- Established a joint venture among several hospitals in adjoining rural markets. The joint venture acquired a multilocation specialty practice, and Miller Canfield prepared the agreements needed to integrate the practice with the participating hospitals.
- Represented a state university in the negotiation of agreements and issuance of bonds to finance new medical school facilities.
- Served as bond counsel following the affiliation of two nonprofit Michigan hospitals, refinancing the debt of both hospital systems, bringing them within the same credit group and creating significant interest savings.
- Helped a senior living health care center through two financing workouts, enabling completion of the next phase of the project.
Regulatory and Compliance
- Provided general counsel representation to statewide associations of limited-license health professionals, including advice on insurance scope and coverage, pending legislation, organizational governance and business issues.
- Represented a community hospital alleged by state regulatory authorities to have been overpaid by several million dollars. We demonstrated compliance with Medicaid rules and regulations and settled the matter for less than 10% of the amount demanded.
