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Common Litigation Issues Hospitals Face

Johnstone Adams • July 5, 2022

The U.S. spent more than  $4.1 trillion  in healthcare expenditures in 2020. With this much money dedicated to healthcare, it leaves room for a lot of disputes between patients, employees, and insurance companies against healthcare facilities.

Look at some of the most common litigation issues hospitals face.

Employee Disputes

Hospitals, clinics, senior living facilities, and other healthcare facilities have a large number of employees on their staff. This means these facilities need to deal with the normal Human Resource issues that come from hiring and firing, discrimination, and contract disputes. Organizations need to handle these issues while still providing excellent care to their patients.

Billing Issues

With so much money spent by patients on medical treatment and therapy, it results in a lot of bills and a lot of insurance claims. This can result in claims of overcharging and inappropriate billing. Facilities need legal help to make sense of these claims and determine the correct payments due and ensure providers are correctly compensated.

HIPPA Violations

Medical facilities must protect their patients’ privacy. This includes observing patient confidentiality and not disclosing any protected health information. This applies to all information about a patient and their care unless there is a court order to release certain information. If these privacy rights are violated, the patient may file a case against the care facility.

Mistreatment of Patients in Long-Term Care Facilities

Patients who live in long-term facilities, like nursing homes and senior care facilities, require round-the-clock care and attention. This can lead to claims against the facilities if the patient or his or her family feels they have not been properly cared for. These claims can vary, from minor neglect if the patient developed bed sores from not being moved enough, to major claims if the patient falls or is given the wrong medication or treatment. Abuse claims can also be common if a patient is mistreated, or is physically or sexually harmed. These claims require legal expertise to research the case and represent the facility against the charges.

Medical Malpractice

When patients seek care at a medical facility, they are entrusting a doctor, nurse, or other professional to provide accurate treatment. However, medical professionals are human, and they can make errors. This can include failing to get consent before treatment, giving the wrong medication, or even making a mistake in surgery. This can lead to patients falling ill, getting injured, or even dying. A malpractice claim by a patient is serious and needs to be addressed by an experienced lawyer.

Health Care Fraud

Health care fraud cases can be extremely tricky. This refers to claims that a patient – and their insurance company – were billed for treatments that they didn’t receive or prescribed treatments or equipment they knew the patient did not need. When this is caught by a patient or an insurance company, it can result in fraud charges being brought against the healthcare facility.

Why Hire Us to Handle Your Litigation

When you need a healthcare attorney to resolve an issue with a patient, insurance company, or other organization, let the experts at Johnstone Adams LLC represent your hospital or facility.

In addition to regional and local hospitals, our healthcare clients include the largest not-for-profit healthcare provider in Alabama, physicians, long-term care facilities, mental healthcare facilities, healthcare systems and networks, rehabilitation hospitals, home health agencies, and management services organizations.

Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.

 

To get started on your case, use our online form or contact us at 844-682-7682 or info@johnstoneadams.com.

 

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Johnstone Adams LLC Lawyers Recognized as Best lawyers® Award Recipients Mobile, AL. United States, January 16, 2025 •• Johnstone Adams LLC is pleased to announce that 7 lawyers have been included in the 2025 edition of The Best Lawyers in America• Since it was first published in1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Johnstone Adams LLC would like to congratulate the following lawyers named to 2025 The Best Lawyers in America list • Celia J. Collins • Employment Law Management. Labor Law­ Management. Litigation • Labor and Employment. and Workers' Compensation Law • Employers Rick A. La Trace - Bankruptcy and Creditor Debtor Rights I Insolvency and Reorganization Law • E. Russell March Ill - Elder Law • Wade B. Perry Jr. - Employment Law- Management, Health Care Law, and Litigation - Labor and Employment • Elizabeth Darby Rehm - Employment Law - Management, Labor Law - Management, and Litigation - Labor and Employment • Lawrence J. Seiter - Litigation - Construction and Workers• Compensation Law - Employers • E. Watson Smith - Employee Benefits (ERISA) Law and Tax Law ### About Johnstone Adams LLC Johnstone Adams LLC is committed to providing its clients with the full range of services necessary to meet their legal needs. Our lawyers develop and maintain the knowledge and experience to provide top notch legal representation consistent with the needs of our clients, both as to time and expense. Johnstone Adams, LLC specializes in the following practice areas: • Banking, Finance & Creditors• Rights • Business and Corporate including Business Dispute and Shareholder Rights Litigation • Construction Litigation • Employment Labor and Workers• Compensation Law • ERISA, Tax, Trusts & Estates • Health Care including Mental Health Immigration including Employment, 1-9 Compliance and Family • Insurance Litigation: Defense: Construction & Completed Operations; Major Claims & Professional Liability; Coverage and Regulatory: Agency, Commercial, Fidelity, Personal lines & Title Real Estate including Conveyancing, Environmental & Zoning Real Estate Litigation, including Conveyancing, Lien Priorities & Titles For more than a century Johnstone Adams LLC has strived to improve upon how we deliver legal services to our clients in this ever-changing economic climate.
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