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Healthcare Litigation

Donovan Hatem assists health care clients in civil and criminal probes of employee theft, dishonesty, assault and white collar crime, including False Claims Act, Qui Tam, and billing and receivables disputes. Our goal in each engagement is to quickly evaluate the client’s need and to work with the health care provider to promptly achieve the best possible outcome.

Our lengthy experience in the defense of medical professionals, dentists, and mental health professionals brings us to courts throughout New England on a regular basis. Donovan Hatem’s products liability team defends medical device manufacturers in claims arising from cutting-edge medical technology and life-saving operating room equipment.

Our lawyers work closely with many of New England’s most prominent physicians, nurses, and specialists who serve as expert witnesses to evaluate medical care issues, morbidity and mortality, standard of care, and damages. These consultants often are engaged early on to assist us to promptly evaluate the claim and to work with the client to achieve prompt resolution, if possible. We routinely engage in alternative dispute resolution and mediation. Donovan Hatem offers great value in knowing when alternate methods of resolution may represent the most prudent course of action.

In some instances, the best outcome can only be achieved by trying the case to conclusion. In the situations where trials are necessary, Donovan Hatem clients receive the benefit of the considerable experience of a team of litigators whose trial skills have been developed through years of practice in state and federal courts as well as in other venues, such as various governmental administrative bodies, tribunals, and professional licensing boards.

Where a dispute is resolved via trial or other means, the attorneys in the health care defense practice are able to secure positive outcomes for clients. This is not merely because they are talented trial attorneys, but also because they have ample knowledge of the medicine as well as the regulatory environment and businesses of their clients. They are adept at helping define what a truly positive outcome is, and at building the path to that outcome.

This involves knowing when a settlement is preferable to trial, when a “win” at trial may not be a win in reality, and when the client is best served by letting a dispute play out in court or some other forum.

The ability to make such distinctions has proven valuable to Donovan Hatem clients in matters such as:

Malpractice Defense – handling the defense of medical negligence claims against hospitals, clinics, physicians, dentists, nurses, psychologists, and counselors.

Medical Devices and Pharmaceuticals – representing manufacturers of drugs and dietary supplements in product defect, inadequate warnings, and labeling claims, including involvement in class actions and multi-district litigation such as Phen-fen, L-Tryptofan and other products. Donovan Hatem also has represented manufacturers of medical devices in product liability claims, including makers of ventilators, percutaneous catheter introducers, surgical instruments, and diagnostic equipment.

Premises Liability – defending health care facilities and property owners for claims arising from injuries to patients or visitors arising from faulty maintenance, exposure to bio-hazards, elevator and mechanical equipment, defibrillators, and employee negligence.

False Claims Act, Federal Fraud and Criminal Investigations – representing officers, directors, and corporations in white collar civil and criminal investigations, including False Claims Act, Qui Tam, diversion of patient assets, economic crimes, health care overbilling and receivables claims, and tax or Medicare fraud. Donovan Hatem assists health care companies to respond to state and federal criminal probes of employee dishonesty, theft, patient abuse, assault, and neglect.

Probate And Guardianship – counseling and representing facilities, administrators, or families in probate, guardianship, or conservatorship matters involving ill and incompetent patients.

Nursing Home Liability – working with facility risk managers, claims handlers, administrators, and regulators in the rapidly-growing arena of nursing home liability litigation, including matters arising from patient abuse, substandard care, injuries, patient fall downs, rehabilitation equipment, consumer claims, and patient bill of rights claims.

Employment Disputes – representing group practices, hospitals, doctors, and nursing homes in discrimination cases, wage and hour claims, harassment, and workplace torts before courts, regulators, and administrative agencies.

Health Care Litigation Attorneys Include:

William D. Gillis, Jr.
Darrell Mook
Kenneth B. Walton
Cheryl A. Waterhouse