The healthcare field is full of complex regulations and requirements that practitioners must be aware of. The last thing many people in the industry expect to face is a complaint or accusation that could derail their entire careers. These types of situations are more common than you might expect, and the fallout of these cases can lead to devastating legal, financial, or reputational consequences for healthcare professionals.
It does not help that state and federal regulations also cast a shadow on every aspect of the industry, meaning that a case against you can spiral out of control quickly when the government gets involved. Many federal agencies exist solely to take action in healthcare cases.
If you or your organization has to mount a defense against damaging accusations, an experienced healthcare professional’s defense attorney goes a long way. At Norman Spencer Law Group, our attorneys will work to defend you and your organization. We have experience in a variety of healthcare-related scenarios.
Healthcare Professionals Defense and Common Cases
Because of the many industries that make up the healthcare sector, there are a lot of different cases that could warrant a legal defense. It is not just hospitals and their staff that have to worry about healthcare defense. Many workers and industries have to be aware of such cases, including:
- Physician Assistants
- Physical Therapists
- Occupational Therapists
- Mental Health Professionals
- Acupuncture Specialists
- Social Workers
All of these workers can interact with each other in the industry, which can lead to transactional disputes. These could involve transactions between a hospital and a pharmacy, issues with drafting employee contracts, or any employee matters involving payment. Other types of workplace situations that might require you to have a legal defense include alleged:
- Healthcare Fraud
- Insurance Fraud
- False Claims
- HIPPA Violations
- Prescription Drug Diversion
- Medical Malpractice
- Sexual Harassment
Another aspect to consider is that even actions that are not work-related can create a need for legal defense. For example, DUIs, substance abuse, and alleged criminal conduct outside of work can lead to disciplinary and legal action within the healthcare industry. These can lead to administrative hearings, and you will need to defend yourself.
Why Defense is Important for Healthcare Professionals
If you find yourself in any of the above cases, healthcare defense attorneys become immediately necessary. The penalties for losing one of these cases can be incredibly harsh, both in terms of financial loss and potential jail time. The effects of these cases can last for years after the initial verdict and damage your reputation.
For example, anyone charged with violating anti-kickback statutes can face up to five years in prison, fines of $25,000, civil penalties of $50,000, and up to three times the amount of money that was overpaid kickback. Anyone charged with violating a self-referral or Stark Law can face $15,000 for each prohibited referral and exclude from Medicare and Medicaid reimbursement programs. Drug diversion charges can bring about state and federal criminal charges, too.
In cases that involve things like alleged malpractice, sexual harassment, and substance abuse, the consequences include paying out fines and the potential loss of your medical license. Even in the best-case scenario, you may have to undergo lengthy training programs that monitor your progress. Failure to comply with these training programs can lead to consequences as well.
Preparing for Healthcare Professionals Defense
In order to best defend your practice, it is essential to have a lawyer that is well-versed in healthcare law. If you face prosecution or your practice is under legal scrutiny, your first step should always be to contact a healthcare defense attorney. No matter what legal challenge you are facing, an attorney is indispensable and can help during every step of the process.
Whether it is creating a plan for defense, helping you understand the accusations leveled against you, making sure your practice is up to date on compliance issues, or keeping you on track for any training programs you are a part of, a healthcare attorney can help you keep track of anything that comes up.
At Norman Spencer Law Group, we have attorneys ready to represent you for all of your healthcare defense needs. If your practice needs a healthcare defense attorney, do not wait to call us. We offer a free consultation and can meet you over the phone, via email, on ZOOM, or even in person.