(985) 292.2000

News & Updates

Navigating Healthcare Litigation: Addressing Medical Malpractice, Licensure, Compliance, and Commercial Disputes

Navigating Healthcare Litigation

By: Bruce Cranner and Andrew Capitelli

 

Introduction

Healthcare litigation encompasses a vast array of legal issues within the medical industry, affecting practitioners, institutions, and patients alike. The key aspects of healthcare litigation are focused on medical malpractice, licensure challenges, compliance matters, and commercial disputes. The complex and ever-evolving nature of healthcare law necessitates a thorough understanding and effective resolution of these issues to ensure the provision of quality healthcare services.

Medical Malpractice

Medical malpractice is one of the most prevalent and critical aspects of healthcare litigation. This type of litigation arises from a complaint that healthcare professional(s) failed to meet the accepted standard of care, resulting in patient harm or injury. Malpractice claims can center on a variety of actions, including allegations of misdiagnosis, surgical errors, medication mistakes, and other purported errors or omissions by healthcare providers. These cases often require extensive investigation and expert testimony to determine negligence and causation. To protect against malpractice claims, healthcare providers must maintain clear documentation of their adherence to established protocols and their efforts to prioritize patient care.

Licensure Challenges

Licensure issues are another significant concern within healthcare litigation. Licensing ensures that healthcare practitioners meet the necessary qualifications and ethical standards to practice medicine. However, disputes may arise over licensing requirements, disciplinary actions, or revocation decisions. In some cases, licensed professionals may face allegations of misconduct, jeopardizing their careers and reputations. It is essential for practitioners to remain informed about licensing regulations and seek legal counsel when faced with licensure challenges.

Compliance Matters

Healthcare organizations must comply with a myriad of federal and state regulations, making compliance a crucial element in healthcare litigation. Failure to adhere to laws and regulations may lead to hefty fines, legal actions, reputational damage, and, at times, criminal prosecution. Compliance issues often involve matters related to patient privacy, billing practices, anti-kickback laws, and the Stark Law. Establishing robust compliance programs and regularly auditing internal practices can help prevent compliance breaches and mitigate potential legal consequences.

Commercial Disputes

In addition to the challenges faced by healthcare professionals, commercial disputes also arise within the healthcare industry. These disputes may involve conflicts between healthcare providers and insurance companies, disagreements over contractual arrangements, or conflicts among stakeholders within a healthcare organization. Commercial litigation in healthcare often requires specialized knowledge of the industry and the ability to navigate complex contractual language.

Conclusion

Healthcare litigation is a multifaceted and ever-evolving field influenced by various legal issues that impact the medical industry, professionals, and patients. Medical malpractice claims highlight the importance of maintaining high standards of care to ensure patient safety and avoid legal repercussions. At Milling Benson Woodward LLP, our experienced team of healthcare litigators guide practitioners through these claims.

Licensure challenges underscore the need for healthcare professionals to stay informed about licensing regulations and seek legal support when necessary. Loss or suspension of licensing can be avoided in many cases, but prompt legal representation is key.

Compliance matters emphasize the significance of adhering to complex healthcare regulations to prevent fines and legal actions. Knowledgeable attorneys can assist practitioners and practice managers in navigating the compliance labyrinth.

Finally, commercial disputes within the healthcare sector often arise related to practices and hospital associations. Skilled legal expertise is important to address contractual conflicts and maintain the integrity of the healthcare system and practice.

Given the intricate and constantly evolving nature of healthcare law, healthcare professionals, institutions, and stakeholders must remain vigilant in upholding legal and ethical standards. With a proactive approach to addressing these legal issues, the healthcare industry can continue to provide quality care to patients while mitigating the risks associated with litigation. By prioritizing patient care, adhering to regulations, and seeking appropriate legal guidance, healthcare stakeholders can navigate the complexities of healthcare litigation effectively.

Dear Clients,

After 130 years of practicing law in the State of Louisiana, the law firm of Milling Benson Woodware, L.L.P. has closed its practice of law and will cease providing professional services, effective as of 5 PM, February 18, 2026. After that time the firm will no longer represent you or other clients in any matters, cases or files.

Contact Your Attorney

To ensure your legal matters are handled without interruption, it is necessary for you to contact the individual attorney that previously handled your file or retain new counsel as soon as possible. If you have not already been contacted by your attorney for the continued handling of your files, you may contact our office before March 27, 2026, and we will attempt to put you in touch with the attorney that previously handled your file. Some of the attorneys previously with the firm will continue to practice elsewhere, and you should reach out to them or your new attorney as soon as possible.

File Retrieval by March 27, 2026

If you believe that we have any of your client files still in our possession they will be available for transfer to you or your attorney on or before March 27, 2026. If you want us to see if a file is available for transfer to you or your attorney, please reply to this email and provide written authorization to make the transfer, including the name and address (or other contact information) of your lawyer. If you prefer to personally take possession of your files, you may pick up your file at our office located at 68031 Capital Trace Row, Mandeville, LA 70471, on or before March 27, 2026.

After March 27, 2026, we will promptly proceed with arranging for the destruction of any files (other than Last Wills) not transferred to an attorney or picked up by you (or our representative) from our office. The files not transferred will be destroyed by shredding to protect all confidential information. Since the firm is going out of business, we will have no office location available to further store client files.

The Last Wills and Testaments in our possession will be transferred to Kayla Martynenko, Attorney in Mandeville, LA, who can be reached by email at kayla@legacylitigator.com. Ms. Martynenko will be attempting to reach out to those who signed Last Wills for which she takes possession. Let her know if you want another attorney to take possession of your Last Will or if you want to pick up the Last Will from her office.

Should you need additional information or want to arrange to pick up your file, you may contact our office manager, Vicky Cochran, by e-mail at vcochran@millinglaw.com or by calling Vicky Cochran at (985) 292-2015. Be sure to contact Vicky by 5 PM, March 27, 2026, to arrange for transfer of your files.

We thank you for the opportunity to have served your legal needs and wish you all the best in your future endeavors.

Sincerely,
MILLING BENSON WOODWARD L.L.P
C. Randall Loewen Managing Partner / Liquidator