Practice Areas & Industries: Burr & Forman LLP


Health Care Litigation Return to Practice Areas & Industries

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Practice/Industry Group Overview

Health Care is one of the driving economic forces in the South and in the country; it’s also an essential focus of our firm.

In such a highly complex and regulated environment, we practice preventative law, by not only assisting clients with achieving their goals, but also avoiding unnecessary legal issues. Our attorneys represent numerous health care organizations, including hospitals, senior living facilities, surgery centers, pharmacies, pharmaceutical manufacturers and distributors, hospice and home health agencies, physician practices, and diagnostic centers, as well as medical device, biotech, and information technology companies. From a litigation standpoint, our representation ranges from fraud and abuse, regulatory, contractual and other commercial litigation, to medical staff, licensure, and third-party payor hearings. When it comes to understanding the intricacies of health care litigation, thriving businesses turn to the Burr & Forman health care team.

General Litigation
When it comes to representing health care providers with regard to litigation issues, Burr & Forman has handled it all, including the following:

Representing health care providers in state and federal fraud and abuse litigation
Representing hospitals and physicians with regard to alleged EMTALA violations Representing hospitals, medical staffs, and physicians in medical staff credentialing and privilege litigation
Defending physicians, nurses, and hospitals in medical malpractice litigation
Representing health care providers in antitrust, contract, and employment litigation
Representing health care providers as creditors against entities owing debts, including liquidating and restructuring work-outs and bankruptcies Assisting health care providers as debtors with work-outs and restructuring of debts and capital structures, both in and out of bankruptcy court

Regulatory Litigation
Regulatory issues often arise in the litigation context and, in that regard, the Burr & Forman health care team has experience litigating the following:

Representing health care providers in both state and federal fraud and abuse investigations
Representing health care providers in RAC, Medicare and other third-party payor audits, hearings, and appeals
Representing clients in physician, pharmacy, and other state licensure proceedings
Defending clients in a broad range of federal and state agency (such as Medicaid, FDA, DEA) actions including investigations, adverse decisions, and contested case proceedings

Certificate of Need Litigation
Our experience with certificate of need matters is quite vast. From a litigation standpoint, we have represented numerous provider types in contested cases, declaratory judgments, agency hearings, and appeals.


Class Action
Lead counsel for national pharmacy chain in defense of putative class action claim under Robinson-Patman Act alleging disparate pricing for non-insured consumers. Dismissed.

Class Action
Lead counsel for health insurer in defense of putative class action by a group insurance subscriber alleging unfair denial of claims by women seeking certain cancer screening and treatment. Dismissed and affirmed on appeal.

Employment Issues
Represented and handled employee matters for the company including; employee cases, drug testing cases; malpractice cases including wrongful death, wrongful life and birth, genetic testing, pathology, hematology.

Management Dispute Litigation
Represented nursing home owner in litigation against a post-acute and long-term health care services provider in a nursing home management dispute.

Medical Staff Disputes
Retained to defend physician in charges by medical staff of unsafe procedures.