Bennett Bigelow & Leedom attorneys represent individual providers and provider groups in a broad variety of healthcare related personal injury claims, including claims related to alleged medical negligence, absence of informed consent, and medical battery. Our provider defendants include doctors of medicine and osteopathy, podiatrists, dentists, optometrists, psychologists, counselors, physician assistants, nurse practitioners, nurse-midwives, registered nurses, medical assistants, and clinical social workers. Our attorneys represent providers through all phases of litigation, from claim prevention and investigation, trial, and appeal. Having defended thousands of individual providers in medical negligence matters, we pride ourselves on successfully guiding providers through the process so that they can minimize disruption to their practice and maintain their attention on patient care.

Our attorneys routinely represent hospitals and academic medical centers, of all sizes, in healthcare-related personal injury claims. We have represented most major hospitals in the region, and are well-versed in addressing theories of liability unique to healthcare institutions, including claims based on corporate negligence, vicarious liability, and ostensible agency. We also have a proven track record of successfully defending facilities in premises liability cases, including those involving slip-and-fall claims.

Our attorneys routinely represent ambulatory surgical centers in healthcare-related personal injury claims. We are well-versed in defending against surgical negligence cases, and addressing theories of liability unique to ambulatory surgical centers, including corporate negligence and vicarious liability. Our cases have involved broad variety of alleged surgical negligence, including wrong-site surgery, retained foreign bodies, inadequate pre-operative or post-operative planning, and surgical errors.

Throughout the years, our attorneys have provided defense in virtually every type of medical malpractice lawsuit, including complex birth injury, wrongful death, and other catastrophic injury cases. Regardless of the complexity of the case, we pride ourselves on our ability to form a deep understanding of relevant medical issues through consultation with our clients, medical literature research, and expert consultation.

Our attorneys have experience representing behavioral health providers and psychiatric residential care facilities. We defend against all manner of medical malpractice claims against such providers, including claims involving the duty to protect foreseeable third-party victims of psychiatric patients.

Appeals, including identifying and advising on critical trial court issues, are a core component of our litigation practice. Bennett Bigelow & Leedom attorneys have extensive experience at all levels of the state and federal systems including cases involving medical malpractice claims and related issues. The firm’s depth of knowledge and experience allows us to accurately and efficiently assess cases, provide top-notch briefing, and deliver effective oral argument.

Our employment attorneys provide practical and proactive counseling to clients in all areas of the employment relationship, including:  hiring, discipline, discharge, employee disabilities, employee leave, alcohol and drug testing, and workplace investigations as well as responses to complaints of discrimination, harassment, and retaliation. We frequently review, revise, and draft employment policies and handbooks, as well as provide on-site training, which helps employers implement best practices to minimize their exposure to employment claims. Employment law is a complex and always changing area of law and we are trusted partners with our clients in navigating those laws and avoiding their potential pitfalls.

When employment claims inevitably arise, our clients benefit from our experience representing employers in arbitrations and other alternative dispute forums, administrative proceedings before the Washington Human Rights Commission, the Equal Employment Opportunity Commission, and in state and federal court. Our dispute resolution and litigation experience ranges from defending against discrimination, harassment, and retaliation claims, failure to accommodate claims, alleged leave violations, wrongful discharge claims, to breach of contract claims (such as employment contracts and non-competition and solicitation agreements). Should an employment claim reach trial, our clients trust that they have committed, vigorous, and experienced trial attorneys on their side.

Appeals and critical trial court issues are a core component of our litigation practice. Bennett Bigelow & Leedom lawyers have extensive experience at all levels of the state and federal systems in cases involving medical malpractice and products liability, healthcare regulation and reimbursement, employment and class action litigation, and a wide variety of constitutional issues. The firm’s depth of knowledge and experience allows us to accurately and efficiently assess cases, provide top-notch briefing, and deliver effective oral argument on key issues facing our clients.

Much of our firm’s product liability work involves defending pharmaceutical and medical device companies that are sued for alleged problems with their products or devices. Our firm’s experience in the products liability area also includes serving as local counsel in the defense of mass tort lawsuits of national importance for products including IUDs, breast implants, and heart valves.

Our litigation practice group was proud to have been one of four law firms selected from around the country to represent the State of Washington in its lawsuit against all the major tobacco companies. The settlement of that lawsuit, together with similar lawsuits later filed by 43 other states, resulted in the largest settlement in American history.

Bennett Bigelow & Leedom has achieved extraordinary results for healthcare providers in litigating issues involving Medicare and Medicaid reimbursement. We have represented clients in Medicare appeals to the fiscal intermediary, the Medicare carrier, the Centers for Medicare & Medicaid Services (CMS), and in state and federal courts. We have been a leader in obtaining increased Medicare and Medicaid disproportionate share payments around the country. Our lawyers and paralegal staff are well-equipped to handle the significant data management requirements of these cases. Likewise, we have had significant success in pursuing and/or litigating issues arising out of state surveys and wage index issues. We have also successfully represented a large number of providers facing fraud and abuse investigations, allegations, and litigation initiated by both governmental entities and private parties.

As property owners and renters, healthcare providers and facilities face similar legal risks as other businesses when a patient or visitor is injured on their premises, such as in a slip and fall. The unique settings of hospitals, therapy centers, and other healthcare facilities, however, can often complicate claims of premises liability. Bennett Bigelow & Leedom, as an experienced firm in both healthcare and litigation, has a proven track record of successfully resolving claims against healthcare providers and facilities in premises liability cases.

The Bennett Bigelow & Leedom teams has represented clients in approximately 30 asbestos cases since 2018.

The Bennett Bigelow & Leedom toxic torts team has collectively represented clients in several areas of toxic tort litigation. The team has defended claims involving, for example, a large baby powder manufacturer, talcum powder suppliers, an automotive component product manufacturer, a furnace manufacturer, and a manufacturer and supplier of insulation aboard U.S. Navy vessels. Our attorneys are regular associated in other states to provide assistance with complex expert depositions and related motion practice.

Much of our firm’s product liability work involves defending medical device companies that are sued for alleged problems with their products or devices. Our firm’s experience in the product liability area also involves service as local counsel in the defense of mass tort lawsuits of national importance for products including IUDs, breast implants, and heart valves.

Our attorneys have been involved in multi-district litigation on behalf of pharmaceutical manufacturers.

Our firm advises healthcare facilities on the requirements for licensure and reporting necessary to ensure compliance with both existing regulations and new enactments. Ranging from the need to maintain records to the licensing requirements for individual providers, our firm provides a full range of consulting on issues addressing healthcare facilities.

Our firm represents individual health care providers in investigations, inquiries, and disciplinary matters from the Department of Health and its component licensing entities. Such representation requires in-depth knowledge of both the medicine at issue and the environment in which it is provided in order to understand how the relevant regulations apply to the situation at hand. Bennett Bigelow & Leedom has the technical knowledge and experience to provide effective representation and a proven record of success at defending against potential sanctions or disciplinary actions.

Dental Quality Assurance Commission
Bennett Bigelow & Leedom represents health care providers involved in all aspects of dental care, including dental assistants, dental anesthesia assistants, and dentists, in all matters involving the Dental Quality Assurance Commission.

Nursing Quality Assurance Commission
Bennett Bigelow & Leedom represents all manner of licensed nurses from certified nursing assistants to advanced registered nurse practitioners in all matters of competency, professionalism, and quality arising with the Nursing Care Quality Assurance Commission.

Washington Medical Commission
Our firm assists physicians and physician assistants in responding to inquiries, investigations, and disciplinary actions. Our attorneys also assist physicians and physician assistants referred to the Washington Physicians’ Health Program. Our attorneys are knowledgeable of the relevant regulations that apply to physician and physician assistant discipline and are experienced in working within the Washington Medical Commission system to obtain just results for our clients.

Bennett Bigelow & Leedom attorneys are experts in the area of peer review and quality of care issues. Our attorneys have the technical knowledge and experience to provide effective advice and representation in all matters arising out of peer review and quality of care issues including peer review investigation and recommendations, corrective action, and fair hearings.

Our firm represents physicians, licensed independent practitioners, and hospitals in medical staff, staff governance, Bylaw drafting and revision, disruptive and impaired physician, and credentialing matters. Bennett Bigelow & Leedom has the technical knowledge and experience to provide effective advice and representation in all aspects of medical staff matters. Our attorneys have extensive knowledge of, and experience in, the sometimes complex relationships between providers and hospitals and the Federal and state laws and regulations that govern them.

Our firm advises healthcare systems on compliance issues regarding health information privacy, security and breach notification requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Health Information Technology for Economic and Clinical Health Act (HITECH Act), and state law. Bennett Bigelow & Leedom has also represented clients in HIPAA compliance audits conducted by the Office of Civil Rights.

Healthcare professionals and their practice organizations require cost-effective legal expertise that includes knowledge of business law of general application as well familiarity with healthcare regulatory requirements. Our attorneys have the experience and expertise to provide effective representation to healthcare and other licensed professionals. Representative engagements include:

• Medicare/Medicaid billing compliance issues
• Payer Contracting Disputes
• Facility and individual licensing, interstate licensing compliance issues, corporate practice of medicine and scope of practice issues
• Independent Provider Organizations
• HIPAA Compliance
• Electronic Medical Records
• Medical staff bylaws, combined staff issues, staff discipline issues, and loss of privileges
• Technology purchases and licensing
• Patient care issues, including informed consent, end-of-life planning and other issues
• Provider-related employment issues

When healthcare is involved, an otherwise routine business transaction can trigger complex regulatory issues. We help clients navigate what is often a confusing maze of federal, state, and local laws and regulations. We are innovative and detailed when structuring intricate business relationships, which help determine the success of many healthcare transactions. In every transaction, our objectives are the same: move the transaction forward, maximize its value for the client, and minimize the client’s risk.

Representative engagements include:

• General Commercial, Business Structures, and Transactions
• Mergers, Acquisitions, Joint Ventures, and Affiliations
• Tax-Exempt Bond Financing
• Bankruptcy and Creditor’s Rights
• Employment Law Counseling and Litigation
• Real Estate Purchase, Sales, Financing, and Leasing
• Regulatory and Licensing Issues

The legal issues involved in hospital management and reimbursement are complex and require experienced counsel. Bennett Bigelow & Leedom’s prior engagements include: representation regarding cost report issues and appeals, billing compliance advice, structuring hospital and provider arrangements to comply with reimbursement requirements, disproportionate share issues, legal defense in connection with federal and state investigations, internal compliance reviews and audits, qualification of special hospital/provider status, and other issues. We have had considerable experience and success representing hospital and health system plaintiffs in the Pacific Northwest and around the nation, frequently in multi-plaintiff proceedings or through hospital associations, in connection with claims and recoveries based on various Medicare and/or Medicaid reimbursement law and regulations.

Other typical engagements for hospitals and health systems encompass the variety of business transactions involved in healthcare. We have helped structure arrangements between hospitals and physicians, including:

• Development of medical office and other facilities to create an integrated health system campus
• Quality improvement structure and arrangements
• Corporation structuring and reorganization, including development of integrated delivery systems by engagement or employment arrangements for physicians and other health professionals
• Medical staff bylaws and related matters
• Contracting with vendors, including outsourcing arrangements for hospital services
• Development of internal compliance policies and procedures
• Emergency Medical Treatment and Active Labor Act (“EMTALA”) compliance
• Defense of hospitals in connection with federal fraud and abuse investigations
• Negotiation, advice, and documentation of payer contracts
• Representation of hospitals and health systems in connection with mergers and acquisitions and sales of facilities, including:  due diligence reviews, compliance with charitable trust principles as they may apply to nonprofit organizations, Certificate of Need and licensing issues, anti-trust compliance, and a variety of transaction issues
• Technology purchases and licensing
• Patient care issues, including informed consent, end-of-life planning and other issues
• Tax-exempt organization issues, including compensation planning for management and physicians; charity care; and state tax issues
• Representation of hospital in connection with tax-exempt and other financing

We have extensive experience in handling the unique issues faced by academic medical centers located throughout the country, including both private and public institutions.

Among the issues on which we have recently represented academic medical centers are:

• Faculty employment and compensation issues, including compliance with compensation related fraud and abuse laws and other regulatory requirements, and other issues unique to compensation in an academic setting.
• Government regulatory enforcement efforts, including litigation related to Medicare teaching physician and supervision requirements, grant compliance, scientific misconduct, human subject protection and reimbursement in clinical trials, and reimbursement for investigational devices. We also counsel on compliance plans and conduct internal investigations on compliance issues.
• Advice concerning the complex requirements of federal, state and private grant and sponsorship contracts and regulatory requirements.
• Obtaining appropriate public and private reimbursement for clinical services, including reimbursement for graduate and indirect medical education expenses.

We also represent clients in litigating matters unique to academic institutions, such as issues of academic standing and medical malpractice claims relating to standards of care in a teaching environment.

Our firm advises health care and other professionals, clinics, solo practices, group practices, and hospitals including academic, private, and public hospitals, in a wide range of employment issues from employment agreements, disciplinary investigations or actions, non-competition agreements, employee handbook reviews, and separation or termination agreements.  Firm attorneys have the technical knowledge and expertise regarding applicable Federal and state laws and regulations that govern these complex relationships.

Bennet Bigelow & Leedom attorneys are experts with respect to Medical Staff Bylaws.  Our attorneys have drafted or revised numerous sets of Medical Staff Bylaws and related policies and procedures, rules and regulations.  Firm attorneys are knowledgeable regarding national trends and case law regarding Medical Staff Bylaws and related documents and help clients adapt their documents accordingly.