Client service, experience, and knowledge of the healthcare industry form the foundation of Van Winkle’s Healthcare Law Practice Group. The practice represents multi-institution healthcare systems, physician groups and practice management companies, private and public hospitals, outpatient centers, free-standing diagnostic and treatment centers, long-term care facilities, assisted living communities, and home health agencies. Van Winkle attorneys provide advice on federal and state regulatory law, "fraud and abuse" statutes, physician self-referral laws (Stark), HIPAA, business ventures, Medicare/Medicaid reimbursement, patient confidentiality, and compliance program management. Our attorneys regularly represent healthcare providers before professional licensing boards, hospitals and practitioners in medical staff and peer review matters, and healthcare providers in reimbursement appeals and business disputes. The firm has a long history of successfully defending medical professionals, practices and hospitals against malpractice claims and regulatory actions. By harnessing the expertise of healthcare law attorneys in a variety of practice areas, Van Winkle assists healthcare clients with the formation and dissolution of professional corporations and limited liability companies (LLC’s); the provision of practice management services such as tax compliance, service and supplier contract development, and pension plans; and asset protection.
Clients include:
- Multi-institution healthcare systems
- Private and public hospitals
- Physician groups
- Solo practitioners
- Practice management companies
- Long-term and continuing-care facilities
- Home health agencies
- Graduate medical education programs
- Professional liability insurance companies
Representative Work
- Successfully defended local hospital in U.S. District Court and Fourth Circuit Court of Appeals in a multi-million dollar claim commenced by a surgeon whose medical privileges were suspended at the recommendation of the hospital’s medical staff. The action asserted claims for deprivation of due process, freedom of speech, breach of contract, slander and contract interference.
- Unwound two major medical practices and successfully negotiated terms without litigation or alternative dispute resolution and no interruption of practice business.
- Won a jury verdict in favor of a cardiothoracic surgeon accused of negligence following a coronary artery bypass surgery. After admitting the bypass graft was attached to the wrong vessel, it was successfully argued there was no negligence due to the plaintiff’s abnormal coronary anatomy.
- Represented a physician practice in a reimbursement issue with Medicare in which the practice was allowed to retain $100K in contested fees.
- Successfully structured business ventures between hospitals and physicians and addressed compliance with fraud and abuse, physician self-referral and tax-exempt laws.
- Represented healthcare system in issuance of multi- million dollar tax-exempt and taxable bonds.
