Healthcare

Healthcare

The Healthcare team at Tyson & Mendes fiercely defends healthcare organizations and providers, including hospitals, nursing facilities, long-term care providers, behavioral health providers, clinical laboratories, pharmacies, individual practitioners, and national and regional insurers. We have represented clients across the U.S. in more than 200 civil jury trials and arbitrations, obtaining defense verdicts, favorable settlements, and early dismissals for them and saving our clients multimillions of dollars each year against asserted claims.

While some cases do see the inside of a courtroom, we believe it is also important to help our clients avoid a lawsuit by helping them navigate and stay ahead of changes in healthcare legislation and regulations. Drawing on our deep understanding of the healthcare landscape and our many years of experience leading healthcare-related cases, we apply informed, tailored counsel to the specific challenges our clients face in this highly regulated industry. Our team includes former medical practitioners who bring their training in the healthcare field to increasing efficiencies for our clients who should not have to invest in training outside counsel on the nuances of their industry. Our team’s knowledge is also advantageous in conducting comprehensive reviews of medical files and relevant medical research, selecting, and retaining appropriate and effective expert witnesses and consultants, and conducting all phases of litigation, trials, and appeals.

Our work includes:

Our attorneys have extensive experience trying catastrophic injury cases for many large companies and insurance carriers. We have defended clients in hundreds of jury trials involving significant loss, and have resolved many more cases through settlement, mediation, and arbitration. We have handled catastrophic loss and wrongful death cases involving a variety of matters such nursing home injuries, premises liability, construction site accidents, and trucking accidents.

Our attorneys have represented hundreds of long-term care facilities, acute facilities, and insurance providers in cases alleging fraud and elder abuse. We also have experience with administrative proceedings, licensing hearings, and accusation hearings and have achieved success for our clients in all stages of the litigation process in relation to allegations and challenges asserted by consumers and regulators.

We defend professional healthcare providers, ancillary staff, and facilities against claims and lawsuits asserting negligence or deviation from the applicable standard of care. Our team works closely with healthcare risk management departments to identify high-risk practices, institute changes in appropriate policies, and conduct educational in-service programs to limit risk. We also partner with medical professionals to aggressively defend medical malpractice litigation, attack pleadings, and obtain summary judgments and adjudication. Our success speaks for itself: We have obtained over 500 trial verdicts, dismissals, and settlements for our clients and represented in medical malpractice lawsuits.

Our team understands the complexities surrounding reimbursement, mental health parity requirements, telemental health, the integration of behavioral health with physical health, and other legal and regulatory issues applicable to the behavioral health context. Our clients have included hospitals, hospital facilities, teaching organizations, rehabilitation facilities, and mental health facilities and we have represented them for related employment law, malpractice, and injury matters.

Tyson & Mendes attorneys defend clients in traumatic brain injury and other neurological injury cases. These cases demand a critical and careful analysis of the evidence and our attorneys understand the complex issues and high-stakes involved. We have successfully secured numerous defense verdicts and settlements for our clients in hundreds of cases involving neurological injuries.

At Tyson & Mendes, our attorneys have defended clients in over 100 cases involving paralysis & amputation, stemming from a wide range of accidents and negligent acts including auto accidents and nursing home incidents. We aggressively litigate these cases, while understanding these types of injuries can be devastating to the injured party.

We advise clients on regulatory matters to help align institutional practices with directives of regulatory bodies. Compliance with state and federal regulation has proven to be a prominent concern for health care institutions. Our firm advises clients on all regulatory issues and we leverage our knowledge of the regulation of risk-based insurance contracts on behalf of our clients.

We understand that our business and insurance carrier clients face considerable exposure for claims alleging psychological and emotional damages. Our attorneys have specialized knowledge and a thorough understanding of the law in this area. We have successfully defended and minimized exposure for our clients in hundreds of cases by objectively investigating, carefully considering objective criteria, and involving experts to safeguard against unreasonable verdicts.

Healthcare Articles:

What is a School’s Standard of Care?  Is it Based on Special Relationships, Public Policy, or Both?

Author: Sitar Bhatt | February 7, 2022 12:07pm
The relationship between students and schools in negligence actions in Arizona has been the subject of multiple recent cases.  Recently, the Arizona Court of Appeals examined the standards for determining negligence in Arizona.  In Hale v. Window Rock Unified School District (“District”), the court discussed the evolution of these school-student relationships within the context of negligence.

New York Updates Vaccination Requirements for In-Person Workplaces

Author: Michael D. Drews | January 13, 2022 8:40am
December 27, 2021 brought a shift in vaccination requirements for New Yorkers. Businesses and employees should be aware of their new obligations.  More employees are now required to be vaccinated.  Employees in eligible positions must take specific steps, and businesses are required to demonstrate their employees have taken such steps.  Businesses who do business with independent contractors should also be aware of special requirements.

How is the Standard of Care for a Doctor Decided?

Author: Sheila Baker | December 3, 2021 9:00am
The central issue in any medical malpractice case is whether the medical provider breached the applicable standard of care.  The California state appeals court recently clarified the standard of care for a physician in an unpublished case. Generally speaking, the medical standard of care is defined as the level and type of care that a reasonably competent and skilled health care professional, with a similar background and in the same medical community, would have provided under the circumstances that led to the alleged malpractice. The standard of care is only proven by expert testimony, unless the circumstances are such that the required conduct is within the layperson’s common knowledge.

No Tort Liability for Insurer Underpayment of Hospital Bills

Author: Kristi Blackwell | December 3, 2021 9:00am
On November 4, 2021, the Second District Court of Appeal, Division 2, ruled against establishing tort liability for insurers who paid less than what the hospital believed to be the “reasonable and customary value.”  This partially published opinion is based on the underlying suit between plaintiffs Long Beach Memorial Medical Center and Orange Coast Memorial Medical Center (collectively “the hospitals”) and defendant Kaiser Foundation Health Plan, Inc. (“Kaiser”) stemming from alleged underpayment by Kaiser for emergency medical services rendered at the hospitals.
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