Roig Lawyers represents a wide variety of healthcare providers, including hospitals, physicians, and hospice services, in federal, state, and appellate courts.
In the complex world of healthcare, it can be challenging for healthcare providers, suppliers and other entities to balance the demands of patients, clients, employees, and other constituents with the need to comply with constantly changing state and federal regulations. Our lawyers have significant experience advising, counseling, and litigating on behalf of clients in all sectors of the healthcare industry.
From hospitals to nursing homes to hospices, from professional employer organizations to individual professional associations, across the entire spectrum of healthcare, we can help you manage your legal obligations – so you can focus on running your business and caring for your patients.
Edward J. Carbone is the partner in charge of the Healthcare Practice Group.
Medical malpractice claims in Florida require that counsel maintain a vast knowledge, particularly in regard to almost annual statutory changes.
Effective defense strategies must consider unique procedural and substantive provisions requiring pre-suit review and investigation, limitations presented by multiple layers of caps on non-economic damages, and various substantive standards that vary with the type of claim asserted.
For example, the day after the law was signed by the governor changing the Florida Legislature regarding ex parte conferences between health care providers, defense attorneys and the qualifications required of standard of care expert witnesses, Ed Carbone delivered a lecture explaining the new law and analyzing its significance to an audience of medical malpractice defense lawyers, risk management personnel, and insurance industry executives.
Our medical malpractice defense team has the expanded knowledge and experience that comes from over 15 years of investigating and defending a wide variety of medical malpractice claims, including:
- Catastrophic brain injury
- Failure to diagnose
- Informed consent
- Surgical misadventure
- Wrongful death
We vigorously defend hospitals and other healthcare providers.
Ed Carbone has significant experience in the complex and high stakes area of birth injury claims. He has handled numerous claims involving the Florida Neurological Injury Compensation Association (NICA) no-fault compensation program for birth-related neurological injuries and the issue of whether NICA is a claimant’s exclusive remedy. He has also lectured and published on the topic of NICA exclusivity.
Our lawyers have lectured and published articles on health care-related topics such as hospital liability for physicians, deposition preparation, medical confidentiality, privacy, and the Health Insurance Portability and Accountability Act (HIPAA).
From ACA (Affordable Care Act) to AHCA (Agency for Healthcare Administration) to HIPAA (Health Insurance Portability and Accountability Act), from A7 (“Amendment 7” or article X, section 25 of the Florida Constitution) to PSQIA (Patient Safety and Quality Improvement Act), healthcare in Florida is marked by acronyms and abbreviations that serve as shorthand for the various legal and regulatory requirements imposed on healthcare entities. Roig Lawyers can help you deal with them, understand them, comply with them, and use them to your advantage when possible.
Roig Lawyers can help your business with:
- Understanding and complying with the requirements of the ACA
- Addressing medical records and privacy issues
- Complying with HIPAA, HITECH, and related regulations
- Joining a Patient Safety Organization and establishing a patient safety program
- Responding to requests for adverse medical incident records under “Amendment 7”
- Structuring and managing risk management efforts
- Managing medical staff and credentialing issues
- Restructuring your business
- Planning joint ventures, mergers and acquisitions
- Drafting physician contracts and covenants not to compete
- Dealing with peer review issues
- Analyzing patient consent issues, including advance directives and end-of-life decision making
- Responding to investigations, including False Claims Act cases and whistleblower claims
- Managing legal crises
- Avoiding civil monetary penalties
RISK MANAGEMENT/LITIGATION AVOIDANCE
We also counsel health care providers regarding various risk management and related issues, including requests for records under Florida’s “Amendment 7,” patient safety organizations, medical ethics, consent to treat issues, and end-of-life decision making.