Healthcare

Healthcare

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t713.226.6640
f713.226.6240
 
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t713.226.6655
f713.226.6255
 
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t713.226.6695
f713.226.6295
 
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Porter Hedges provides comprehensive transactional legal services to healthcare institutions, including corporate and tax, bankruptcy and restructuring, mergers & acquisitions, and real estate.  We also represent healthcare clients in a range of litigation matters and offer compliance counseling in areas including Qui Tam actions, commercial disputes, labor and employment disputes, professional liability and facility construction disputes, among others.

Given healthcare’s current challenging business and legal environment – clinical and technological changes, complex and increasingly punitive regulations, reduced margins, and shifting market forces – our practice has a particular focus on integrated delivery systems; specifically, representing industry clients in mergers and acquisitions, and developing  the joint ventures, affiliated group practices, and managed care organizations that best consolidate services and provide a continuum of care.  We also represent debtors, trustees, and physician-owners in Chapter 7 and Chapter 11 reorganizations.

Representative Experience+
 General Corporate Counsel
  • Representation of a start up health-care provider in its initial formation and capitalization and its acquisition and multi-year operation of a short-term acute care facility and several long-term acute care and skilled nursing facilities in the Washington, D.C. area
  • Represented numerous healthcare groups, healthcare research institutions and single providers in managing their overall practice, including issues related to the following:
    • compliance
    • corporate governance
    • intellectual property (including patent prosecution and licensing)
    • institutional agreements
    • partnership structuring
    • business financing
    • mergers & acquisitions
    • buy/sell agreements
    • compensation planning
    • practice sales and acquisitions
    • equipment finance
    • real estate leasing
    • employment and non-compete agreements
  • Real estate projects including the financing and development of Medical Office Buildings (“MOBs”) and Surgery Centers
 Bankruptcy and Restructuring

Debtor

  • Chapter 11 representation of Doctors Hospital 1997
  • Chapter 11 representation of Diabetes America
  • Chapter 11 representation of University General Health System, Inc.

Trustee

  • Chapter 11 representation of Brown Medical Center, Inc.
  • Chapter 7 representation of St. Marie’s Clinic
  • Chapter 7 representation of Quality Infusion Care, Inc.
  • Chapter 7 representation of Spring ER, Inc.
  • Chapter 7 representation of Bellaire General Hospital

General

  • Counsel to Physician-Owners in Chapter 11 case of Cleveland Imaging and Surgical Hospital, LLC
 Litigation
  • Lead trial counsel for an international cardiovascular research and education institute in a lengthy, multi-party qui tam case involving Medicare fraud. The case was favorably resolved after the scope of the relator’s expert witness on liability was greatly limited under a Daubert challenge.
  • Successfully represented health care facility in mandamus action involving the application of the hospital committee and peer review committee privileges.
  • Representation of two large Texas hospitals in appeals from the denial of motions to dismiss the plaintiffs' health care liability claims based on the plaintiffs' failure to serve expert reports.
  • Representation of Texas hospital in court of appeals in case involving issue of first impression as to whether a health care provider could be liable for administering necessary life-sustaining medical care to a newborn contrary to the parents' instructions.
  • Representation of hospital in appeal involving issue of whether hospital could be liable under ostensible agency theory for injuries minor child suffered during birth.
  • Defended architectural firm in Design-Builder claim from a major addition to M.D. Anderson Hospital. Claim exceeded $15 million and numerous claims of error and omission. Secured a minimal settlement for client and recovery of partial offset from other parties.
  • Successfully defended health care provider in case involving whether hospital employee could recover for reaction to medication obtained from hospital pharmacy, or whether reaction to medication was extension of work-related injury, making recovery under the Workers' Compensation Act employee's exclusive remedy.
  • Successfully defended hospital in appeal from directed verdict on direct corporate liability claims for injuries patient sustained during cervical laminectomy.
  • Successful defense settlement (reduction in contract balance, without litigation or media coverage) of claims on behalf of a county near Harris County for substantial delays and extras on a hospital expansion.
Professionals+
News/Events+