Medical malpractice defense is the bedrock of our firm. A primary specialty practice, our attorneys have tried numerous cases before juries with consistently outstanding results. Due to the confidential nature of medical malpractice cases, and the inherent trust established between client and counsel, these cases, in particular, are managed with the total engagement of partners.
Specifically, a partner generally appears at all key depositions—plaintiff, client, and experts—all outcome determinate appearances, and is fully available to the client to answer all questions pertaining to the case. Healthcare clients include hospitals, medical groups, HMOs, physicians, dentists, and nurses.
Dental Liability
Claims against dental surgeons, specialists, and other dental health providers are on the rise. At Doyle Schafer McMahon our trial attorneys possess specialized knowledge and experience in matters relating to general dentistry, prosthodontics, endodontics, orthodontics, periodontics, and oral surgery. Doyle Schafer McMahon has a track record of outstanding success representing dental clinics, surgeons, and specialists. Our firm also provides risk management counsel to the dental professional, and actively participates in continuing education.
Regulatory Defense
Physicians are frequently caught off guard by the aggressive investigative and enforcement approach of the Medical Board. Our firm is proactive in addressing Board inquiries, terminating Board investigations promptly whenever possible, and resolving disciplinary matters favorably. We take a comprehensive approach that has proven to be effective in defending client interests.
Schafer McMahon utilizes its expertise and resources to advise clients on developing compliance procedures to mitigate the risk of “collateral damage” to their practices. We have earned a reputation for tenacious defense of physicians at every stage, providing skilled representation at administrative hearings and in post-hearing appellate writ litigation.
In addition to defending physicians in Medical Board investigations and disciplinary actions, Schafer McMahon has successfully challenged the Medical Board when the Board exceeds its legal authority. Recent examples include:
- Successfully contesting the Medical Board’s efforts to intervene in bail hearings in multiple criminal cases
- Challenging the Medical Board’s discretionary reporting of non-reportable events on its website
- Successfully blocking investigations undertaken without patient complaint or consent
Doyle Schafer McMahon regularly advises clients on issues related to HIPAA, the Health Insurance Portability and Accountability Act. Our HIPAA lawyers assist clients in ensuring compliance with security and privacy requirements for healthcare information.
The term “HIPAA” has become synonymous with patient privacy. Of equal concern to California health care providers is “CMIA,” the Confidentiality of Medical Information Act. Together, these two laws address not only patient privacy requirements, but also electronic standardization, security, and other requirements governing the handling and transmission of health information.
There are significant differences between Federal and California law in the realm of patient privacy. For example, HIPAA regulations apply to “covered entities,” which include healthcare providers who transmit health care information in electronic form (using a standard transaction), healthcare clearinghouses (e.g. billing companies), and health plans. CMIA, by contrast, has a far broader scope of coverage which, in many respects, is actually more stringent than HIPAA in requiring safeguards for patient privacy.
Our firm actively designs and implements HIPAA compliance plans, mandated by the Health Information Technology for Economic and Clinical Health (HITECH) Act, for both covered entities and business associates effective February 17, 2010. In addition to preparing compliance plans, Doyle Schafer McMahon provides the following specific services:
- Auditing of the state of HIPAA compliance in your organization
- Provision of business associate agreements and other HIPAA-compliant
contracts - Preparation of HIPAA compliant security and privacy policies and procedures
- Service on an ongoing basis as HIPAA compliance counsel
- Breach assessment and notification
- Workforce training
HIPAA attorneys at Doyle Schafer McMahon counsel providers to ensure HIPAA and CMIA compliance, and advise on appropriate response to allegations of noncompliance by state and federal regulators. We provide ongoing assistance and counsel to numerous physician organizations, skilled nursing facilities, long-term care operation, educational institutions, software providers, and medical billing companies, in developing compliant notices and
practices in their practices.
We also regularly respond to patient complaints concerning the handling of private information, and have defended lawsuits and administrative disciplinary actions before both federal and state regulators.
The State of California Department of Consumer Affairs (DCA) regulates all licensed healthcare professionals through its various boards, including:
- Medical Board of California and Osteopathic Medical Board
- Board of Pharmacy
- Dental Board of California
- Board of Podiatric Medicine
- Board of Psychology
- Board of Chiropractic Examiners
- Board of Registered Nursing
- Board of Behavioral Sciences
Doyle Schafer McMahon represents healthcare professionals and facilities in investigations and enforcement actions concerning these licenses. We contest actions of the professional licensing boards through writs of mandate when necessary, as well as provide counsel on compliance with the web of statutes, regulations, and policies that govern various licenses.
