Medical Malpractice

Cotten Schmidt & Abbott, L.L.P.’s medical malpractice and healthcare law practice is varied and broad-ranging.  It involves representation of physicians, nurses, physical therapists, physician assistants, and other healthcare occupations along with hospitals, clinics and physician practice groups.

Our focus and goal for our clients begins with evaluation of and situation specific counseling related to the representation at hand, along with planning for future contingencies.

Our real-life approach to healthcare representation has delivered outstanding results for healthcare providers and hospital groups.  We know and understand how physicians practice and hospitals operate.  That unique knowledge and understanding allows us to be ready to handle any litigation or business crisis that arises.  We use common-sense conflict management that results in cost-savings for our clients.  We are able to do that by having teams of attorneys well-versed in healthcare representation, as well as being trial ready to represent our client’s interests in the courtroom or in front of state medical licensing entities.

In the medical malpractice defense and healthcare arena, our experience includes:

  • Physician representation in malpractice claims
  • Personal counsel representation of physicians
  • Physician representation before state medical boards
  • Hospital representation of negligence claims—nursing, physician and other related healthcare occupations
  • Physician group business representation
  • Hospital premises and products liability defense
  • Development of physician and hospital policies and procedures
  • Training of hospital staff and physicians on potential liabilities and risk management
  • Formation of medical entities
  • Preparation, review and litigation of employment contracts
  • Physician self-referral laws (Stark laws)
  • Anti-kickback laws
  • False Claims Act (FCA)
  • Medicare Conditions of Participation, state licensure, and accreditation standards
  • Billing and coding requirements, cost reporting and reimbursement requirements
  • Requirements affecting patient care, including credentialing, utilization review, peer review, and medical staff requirements
  • Health Insurance Portability and Accountability Act (HIPAA) laws regarding the privacy and security of personal health information
  • Emergency Medical Treatment and Active Labor Act (EMTALA)
  • Informed consent, adverse event reporting and Review Board processes

Our firm’s attorneys have defended hospitals and physicians in medical malpractice lawsuits.  We have represented hospitals in investigations of healthcare negligence claims.  We have represented physicians before state medical licensing boards. We have practiced in state and federal courts throughout Texas and Louisiana.  As a result, we are familiar with the lay of the land in both Texas and Louisiana as to how it impacts our physicians and hospitals.

Our attorneys have a deep and broad-based understanding of the challenges facing physicians, hospitals, and other healthcare providers.  We are ready to assist you.

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