Health Care Litigation

SmithAmundsen has a proven track record of high caliber representation of health care entities and professionals in litigation and prelitigation matters.  We regularly advise health care clients regarding risk avoidance strategies in a variety of settings that implicate complicated legal, medical, financial and risk management issues. While vigorously defending our clients, we also understand the financial impact of litigation. As a result, we utilize innovative practices to reduce litigation costs without sacrificing results.   

We value technology as a tool that enhances work quality and improves our service to clients. We have developed document management systems to organize and summarize documents, while also fulfilling our obligations as a business associate. We employ the latest technology to organize documents produced during discovery and trial technology, such as computer generated reconstruction video to aid in the presentation of evidence at trial.

Our attorneys are experienced in handling the most complex medical litigation and we understand the value of working closely with clients and, when necessary, outside consultants. We have adapted our knowledge and experience with medicine and the law to effectively represent a variety of health care providers including for profit and not-for-profit health care systems, managed care entities, nursing homes, individual health care providers, and product manufacturers. 

We communicate frequently with our clients to advise them of significant developments and to solicit their input. Our litigation services include comprehensive fact investigation and liability analysis, objective negotiation, and aggressive litigation. Our paralegals and nurse analysts are capable of organizing, synthesizing, and analyzing medical records to assist us in mounting an efficient vigorous defense. Before going to trial, we explore mediation and other cost efficient manners of alternative dispute resolution.

 Litigation Services

• Hospital liability
• Post-acute and long term care liability
• Home health and hospice liability
• Mental health center liability
• Professional liability (e.g., physicians, dentists, nurses, physical/occupational therapists, mental health therapists, and other mid-level and allied health professionals)
• Defense of claims brought pursuant to the False Claims Act, Stark Law, Anti-kickback Statute and related statutes and regulations 
• Product and medical device liability
• Professional medical staff and licensure disciplinary actions
• Subpoena assistance and deposition preparation
• Probate (e.g., involuntary commitment proceedings, guardianship, health care powers of attorney)
• General premises liability
• Medical records production and confidentiality
• Commercial litigation stemming from business operations

Recognitions

U.S. News – Best Lawyers® “Best Law Firms” – Medical Malpractice Law – Defendants – Tier 1 – Indianapolis Metropolitan Area

U.S. News – Best Lawyers® “Best Law Firms” – Health Care Law – Tier 2 – Indianapolis Metropolitan Area

U.S. News – Best Lawyers® “Best Law Firms” – Litigation – Health Care – Tier 2 – Indianapolis Metropolitan Area

Experience

• Numerous cases favorably resolved at mediation or in pre-suit negotiations, including pre-suit resolution of a matter involving a severely brain-injured mother of three.
• Defended health care providers in hundreds of claims before the Indiana Department of Insurance or the Illinois Department of Finance and Professional Responsibility.
• Obtained a defense verdict for a hospital on an apparent agency case when co-defendants, including physicians and another hospital, were found liable for a plaintiff's verdict of more than $14,000,000.
• Appellate court decision which reversed a nearly $5,000,000 verdict on a wrongful death case, where appellate court agreed that plaintiff failed to prove proximate cause.
• Obtained a defense verdict for a home health care agency in a week-long jury trial alleging failure to appropriately communicate severity of condition to physician and failure to appropriately educate patient regarding condition.
• Successfully defended a hospital in a jury trial against allegations for failure to appropriately assess patient and notify physicians; defense verdict obtained.
• Successfully defended hospital and several physician hospitalists in a week-long jury trial alleging failure to diagnose a medical complication; defense verdict obtained.
• Obtained defense verdict for hospital and emergency room physician in a wrongful-death week-long trial involving a 14 year-old boy.
• Successful representation of hospital and general surgeon in a week-long jury trial alleging negligent surgical follow-up; defense verdict obtained.
• Successful representation of physician practice in a slip-and-fall case of a patient visitor involving a displaced wrist fracture; defense verdict obtained.

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