Healthcare Litigation / Malpractice Cases

Dan’s healthcare litigation experience includes litigating different types of healthcare cases. He has litigated cases involving sham peer review, breach of medical staff bylaws, and improper clinical privileges actions. Cases in these categories typically result from failure to follow the requirements of the Healthcare Quality Improvement Act and/or the Review Organization Immunity Act, many of which are usually enshrined in a hospital’s medical staff bylaws and fair hearing plan.

 Dan litigates contract cases between healthcare employers (hospitals and medical groups) and providers, such as breach of contract actions and cases involving employment-based claims, including wrongful termination and constructive discharge cases. He has represented both healthcare entities and providers in these types of cases, so Dan has an appreciation for the issues that should be considered on both sides.

 Dan handles cases that involve business partners and physicians who are shareholders and owners in medical groups. These types of cases typically involve allegations that one shareholder breached certain duties owed to the medical practice or to the other shareholders in the group. Financial issues often take center stage in these types of disputes. Concerns related to restrictive covenants and confidentiality often come up in these types of cases as well.

 Dan represents healthcare clients in mediations and complex arbitrations. He is familiar with the New Mexico Uniform Arbitration Act and professional organizations that play a role in the alternative dispute resolution process, such as the American Arbitration Association and the American Health Lawyers Association.

 Dan also has significant experience representing healthcare entities and providers in jury trials, including cases alleging medical malpractice. Although the stakes can be high in front of a jury, and the outcome of any case is always uncertain, Dan thoroughly enjoys being in the courtroom. Trial gives Dan an opportunity to educate the jury on the nuances of each case. In the healthcare context, especially in cases involving complicated medical procedures, breaking complicated subject matter down into digestible bites is absolutely critical. As a former teacher and current adjunct faculty at the UNM School of Law, Dan has experience teaching complicated subject matter, and he tries to incorporate the lessons he’s learned as an educator into his presentations at trial.