Healthcare Litigation

Holland & Knight's Healthcare and Life Sciences Industry Group includes a team of lawyers who concentrate on protecting the interests of healthcare clients involved in commercial litigation and civil disputes, internal and criminal investigations, and enforcement actions. Our Healthcare Litigation Team provides comprehensive representation to hospitals and health systems, physician and specialty practice groups, managed care organizations, pharmacy benefits managers, pharmacies, long-term care providers and healthcare technology companies.

Practical Advice Tailored to Your Business 

Because Holland & Knight's healthcare practice is broad-based, our attorneys have an in-depth comprehension of the regulatory, reimbursement, contractual and other commercial issues that impact the industry segments in which our clients operate. We leverage this broad knowledge and experience into a detailed and specific understanding of each client's unique business operations. This combined knowledge of the industry and your operations enables us to analyze your entire situation to develop and implement the legal strategy that is best aligned with your short- and long-term business objectives.

Comprehensive Representation

Members of our Healthcare Litigation Team provide representation in the following areas:

• white collar criminal litigation, including alleged Antikickback, Stark law and False Claims Act violations
• misbranding, including allegations of off-label marketing of drugs and medical devices
• internal investigations, including whistleblower complaints
• HHS-OIG  matters, including civil Monetary Penalty and Exclusion cases
• RAC, ZPIC, Part D, and other federal and state healthcare program audits
• Medicare and Medicaid overpayment audits and appeals
• CMS payment suspensions and appeals, reimbursement disputes and cost report coding violations
• Food, Drug, and Cosmetic Act violations
• gap audits, and compliance program review and development
• administrative litigation
• antitrust counseling and litigation
• contract disputes
• insurance coverage disputes
• disputes with third-party payers
• labor and employment disputes
• non-compete litigation
• physician termination disputes
• medical malpractice defense and non-medical personal injury defense
• medical staff representation
• nursing home failure of care violations
• intellectual property, including patent validity and infringement, as well as patent, trade secret, license and false advertising litigation
• leasing disputes
• creditors' rights and bankruptcy
• class actions

When necessary, we call upon members of our Healthcare Fraud and Abuse Team to assist clients with certain sensitive matters that have potentially serious and costly repercussions.

Experience on Your Side 

Our team includes seasoned trial attorneys and former prosecutors who previously served with various U.S. attorneys' offices, the Department of Justice and various state's attorneys' offices. Based on the extensive experience and relevant backgrounds of our team members, we are able to efficiently and effectively handle all the complex issues related to healthcare litigation.

Protecting Your Reputation 

The cost of disputes often goes well beyond the expense of litigation or of pursuing corrective action. Litigation can impact your business in many ways — from investor and customer perception to community relations. Our Healthcare Litigation Team works in collaboration with the firm's Crisis Management Team to help you protect your reputation. We can also assist you with spokesperson preparation, risk assessments, simulation exercises, high-profile media relations, vigilant mainstream and online media monitoring, and rapid response for correcting inaccuracies or misleading information. Working collaboratively with you, we address all requirements of a situation, from litigation communications to congressional testimony.