Managed Care and Health Care

Minimizing medical industry risks.

In recent years, substantial litigation has developed throughout the multibillion-dollar managed care and healthcare industry. Our attorneys have been involved in this litigation from its inception and have actively protected our insurance and reinsurance clients from the far-reaching impact of such claims.


Managed Care

Class actions have been filed against large managed care organizations across the country – something few would have anticipated when professional liability insurance was first written for the managed care industry. These suits give rise to hundreds of millions of dollars in defense expenses and settlements. In turn, the suits have created insurance and reinsurance issues, including the extent to which business risks are covered under professional liability policies, the interrelatedness of various claims, as well as the state of the defendants’ individual or collective knowledge of these risks prior to, or at the time the insurance was purchased.

Our firm has navigated the insurance and reinsurance interests of its clients through the maze of such managed care matters. We have a strong foundation for advising our clients concerning the ever-expanding challenges arising from such managed care coverages.

Healthcare

We handle a broad range of insurance and reinsurance claims and challenges presented by hospitals and nursing homes under healthcare errors and omissions policies.

We routinely counsel our clients with regard to the underlying monitoring and potential mediated resolution of claims. We also provide legal advice relating to the drafting of reservation of rights letters and, when necessary, litigating the various coverage disputes that arise from claims involving our client’s insured or even other potentially implicated insurers. Our clients participate in such healthcare risks at both the primary and excess levels, with respect to both direct insurance and reinsurance, and with respect to both U.S. and Bermuda-Market forms. 

EXPERIENCE
  • Secured arbitration award by convincing arbitrator that client had no duty to defend qui tam action against insured health care organization.
  • Represented insurers in lawsuits against insureds concerning allegedly unnecessary heart surgeries.
  • Represented insurers in lawsuits involving malpractice actions concerning medical procedures that allegedly caused birth injuries.
  • Secured summary judgment for insurer finding that insured's $150 million settlement of claims arising under Louisiana PPO statute, including attorneys' fees award, were "penalties" not covered under healthcare E&O policy on the basis that the statutory awards were not connected to actual damages suffered by claimants.
  • Represented insurer in suit against the insured concerning alleged mishandling of kidney transplant patients in transit.
  • Represented insurers in lawsuits involving hospital's alleged discrimination.
  • Crafted winning argument in a case of first impression involving reliance upon patient's comparative fault in a medical negligence claim involving the failure to diagnose an aortic aneurysm.
  • Represented insurers in lawsuits concerning sexual abuse claims against medical personnel
  • Represented insurers in lawsuits concerning insureds' alleged negligence in use of specialized medical devices
  • Obtained affirmance of directed verdict for pediatrician in wrongful death case.
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