Healthcare

Nearly every aspect of patient care raises the specter of legal liability. Moreover, changes in the delivery of healthcare, new legislation at both state and federal levels, and the demands of insurance companies have disrupted age-old patterns of medical practice. Indeed, healthcare is a dramatically dynamic universe.

Kirton McConkie’s healthcare lawyers are uniquely poised to provide the array of legal services needed. We have the broadest base of healthcare knowledge of any law firm in Salt Lake City and have successfully guided the enactment of healthcare-related legislation favorable to clients.

Our healthcare attorneys provide legal guidance on issues such as:

• Medical malpractice defense and healthcare litigation
• Physician and professional licensing
• HIPPA privacy and security
• Electronic health records
• Insurance regulations
• Medicare and Medicaid representation
• The Americans with Disability Act (ADA)
• Risk management and quality assurance
• Workers' compensation
• Healthcare-related legislation and lobbying
• Bioethical legal issues
• Antitrust and price fixing
• FDA product approval: medical devices and pharmaceutical
• Elder abuse claims
• Long-term care/assisted living litigation
• Hospice care

We are also well-versed on business issues, including:

• Corporate and financial issues
• Mergers and acquisitions
• Physician and professional licensing
• Employer health plans and insurance
• Sale and purchase transactions
• Bylaws and contracts
• Consent policies and procedures
• Taxation issues
• Medical staff issues
• Not-for-profit legal issues
• Medical device patents and trademarks
• Product licensing
• Practice transitions

Our clients include some of the largest and most established healthcare providers, surgical centers, hospitals, and research centers, including Intermountain Health, Primary Children’s Medical Center, and BD Medical (Becton Dickinson).

Medical Malpractice Defense

In today’s litigious environment, medical malpractice lawsuits have become an unfortunate reality for healthcare providers. Whether you’re a doctor, nurse, or part of hospital administration, understanding the fundamentals of medical malpractice defense is crucial for protecting your facility, reputation, and financial stability. Kirton McConkie can help you defend against malpractice lawsuits. 

What is medical malpractice?

Medical malpractice happens when a patient alleges that a healthcare professional’s negligence caused them harm. Negligence can comprise many things, including misdiagnoses, surgical errors, medication mistakes, or even failures in communication. To defend against a medical malpractice lawsuit, healthcare providers must show that their care met the appropriate standard of care expected in their specialty. 

The stakes in these cases are high and can range from financial settlements to potential damage to your professional reputation. That’s why having a solid defense strategy and knowledgeable legal counsel is essential.

If you’re facing a medical malpractice claim, Kirton McConkie’s skilled medical malpractice defense attorneys are here to help. They understand the nuances of healthcare law and courtroom strategies to protect you. Beyond litigation, they can offer proactive risk management advice to help you avoid future claims.

Navigating a medical malpractice lawsuit can be daunting, but you don’t have to face it alone. By understanding the process and partnering with attorneys at Kirton McConkie, you can safeguard your practice and focus on providing exceptional patient care. 

Medical Device and Drug Liability Defense

The medical device and pharmaceutical industries are critical to advancing healthcare, but they can face significant legal risks. Allegations of product defects, inadequate warnings, or harmful side effects can lead to lawsuits that threaten a company’s financial stability and reputation. For manufacturers, distributors, and healthcare providers involved with medical devices and drugs, understanding the essentials of liability defense is crucial to navigating these challenges effectively.

What’s an attorney’s role in liability defense?

Kirton McConkie’s skilled healthcare attorneys are indispensable when navigating medical device and drug liability cases. They can:

• Assess the validity of claims and develop tailored defense strategies.
• Manage discovery processes and handle complex scientific evidence.
• Represent clients in court, negotiations, or settlement discussions.
• Provide proactive legal guidance to improve regulatory compliance and minimize future liability risks.

Medical device and drug manufacturers play vital roles in healthcare, but their work comes with inherent legal risks. Enlisting the help of a knowledgeable legal team can help you understand the complexities of liability claims, prioritize compliance, and navigate these challenges effectively. Proactive planning, rigorous quality assurance, and a strong legal defense team are the keys to safeguarding your organization and the patients who rely on your products.