Health Care Professional Disputes

Menaker & Herrmann LLP has guided physicians and health-care entities in a wide variety of circumstances involving recognition of legal rights and resolution of disputes. The firm has organized professional corporations for physicians and structured reorganizations and dissolutions of health-care entities. It has negotiated mergers and buyouts, employment agreements, compensation arrangements, separations and severance packages. The firm is familiar with the regulatory structure in New York State affecting physicians and their practice groups and has helped them navigate through issues involving the Department of Health and its Office of Professional Medical Care (OPMC).

When disputes have proven unsusceptible to initial resolution by means of negotiation, Menaker & Herrmann has successfully represented many physicians and their entities in court proceedings, in hospital administrative proceedings, and in alternative dispute resolution forums including arbitration and mediation. Among the many cases the firm has handled have been antitrust lawsuits resulting in favorable court decisions for the clients, employment discrimination cases, and the defense of litigation brought by employees against health-care entities and by third-party service providers against physicians. The firm has also litigated issues involving patient privacy and HIPAA, peer review, and state and federal health-care quality assurance legislation, and has acted for post-graduate medical residents in proceedings involving their educational programs.

Representative Matters

  • Obtained a $2 million jury verdict on behalf of a surgical resident against a hospital and the department chair for violations of federal employment discrimination laws, which was sustained by the court after statutory reduction of damages and award of attorney’s fees.
  • Successfully defended a general surgeon in disciplinary proceedings before the Medical Board and an appellate review committee of the Board of Trustees, in which the hospital attempted (in a political move) to have the surgeon wrongfully expelled after over twenty-five years of service. The firm also represented the surgeon before the Office of Professional Medical Conduct of the State Department of Health in connection with a complaint by the hospital management, which complaint was rejected by OPMC.
  • Defended an out-patient hemodialysis clinic against employment claims by the clinic’s former business manager, including compelling arbitration, enforcing the award, and obtaining sanctions against the former manager for subsequent frivolous litigation.
  • Pursued antitrust claims in federal court on behalf of a physician specializing in invasive cardiology, based on evidence of a conspiracy by the physician’s successor as head of the department and others to force him out of the medical center where he had worked for the past fifteen years, which claims resulted in a favorable settlement after the court sustained the complaint against a motion to dismiss.