MedicoLegal Consultants is an established law firm that provides top-quality representation for all facets of health law, including physician credentialing, peer reviews, and specialized legal matters affecting medical professionals and practices. We excel in providing exceptional quality legal services for all cases pertaining to health and medical law.
Our Legal Services Include:
Peer Review and Credentialing Litigation
Peer review and credentialing litigation is complex and challenging. It is also complicated by the Health Care Quality Improvement Act of 1986 (“HCQIA”) which presumes qualified immunity for those involved in peer review and credentialing decisions at the hospital level. Dr. Hinnant has litigated a substantial number of peer review matters both at the hospital’s administrative level and in state and federal court. Some of these cases have made it to the Federal appellate level and the United States Supreme Court.
The key to peer review and credentialing litigation is overcoming the qualified immunity of HCQIA. This demands an in-depth legal knowledge in addition to in-depth medical knowledge. Also, because most of these cases boil down to Motions for Summary Judgment based upon HCQIA, the ability to perform in-depth legal research is a must. Please be aware that this type of litigation is fact-intensive, brings the potential for penalties by way of attorney fees and cost for physician and is very expensive.
Dr. Hinnant is well versed in briefing and arguing all aspects of credentialing and peer review litigation as well as in the handling of hospital administrative hearings. He has also argued at the administrative level for providers facing expulsion from various insurers’ provider panels.
Medical Malpractice
Medical malpractice litigation is complex and time consuming, even when the issue of medical negligence may seem plain on its face. It can also be expensive.
The key to successful medical malpractice litigation is an in depth analysis of the medical records by a qualified physician and subsequently obtaining a qualified expert to give testimony regarding exactly what breaches in the standard of care occurred (if any) and how they causatively tie into the Plaintiff’s damages. Additionally, an attorney must have the ability to speak the language of medicine and cannot be daunted either at deposition or trial by physician’s use of terminology that might be poorly understood by the average attorney. All of this can result in significant cost savings in the malpractice realm.
Dr. Hinnant, also a Board-certified physician, is an Alpha Omega Alpha medical school graduate and has litigated a large number of medical malpractice cases, including brain and birth injury matters, surgical mishaps, failure to diagnose, failure to timely recognize complications, and inappropriate prescribing of prescription drugs. This is one legal area where having been educated as a physician and an attorney is truly priceless.
Workers' Compensation
Workers compensation is the sole remedy for those injured on the job. In most states, it would encompass all injury occurring in the course of, or arising from the employment of the potential plaintiff.
The key to a successful worker’s compensation claim is tying the injury to the pursuit of one’s employment, either by way of an accident, injury or illness arising out of, or occurring in the course of the claimant’s employment. Thereafter, a successful worker’s compensation claim involves timely requesting a hearing so as to obtain early compensation for the injured worker and assuring that he or she receives the medical care that they require in order to resume gainful employment. Once maximum medical improvement has been reached, workers compensation matters may be settled or dealt with by way of the hearing procedure established by the State Workers Compensation Commission.
The key to maximizing success and recovery in workers compensation claims is clearly the understanding of the medical terminology and the ability to obtain a competent and accurate rating of impairment that usually exists after a substantive injury. The ability to use the AMA Guides to Permanent Impairment, Sixth Edition, is a necessity as well as the ability to talk, and in some cases argue cogently with a disability examiner as to what the true residual functional capacity of an injured worker might be.
Dr. Hinnant is experienced in settling and in handling workers compensation cases from the point of filing through settlement. He is experienced in workers compensation matters both at the hearing and at the appellant levels.
Social Security Disability
Social Security Disability is a lengthy process that requires in depth analysis of the claimant’s relevant work history and an in depth understanding of the Social Security disability listings and Medical Vocational Guidelines from Title 20 of the Code of Federal Regulation.
Physical impairment as well as mental impairment must be thoroughly understood and able to be tied to a claimant’s ability to either be gainfully employed or not be gainfully employed. An in-depth past relevant work history is a must as is an understanding of a claimant’s ability to perform past relevant work. The ability to understand functional capacity evaluations and garner medical source statements, including expert testimony in the course of pursuing a claim for Social Security disability benefits is a must.
Dr. Hinnant has handled a large number of Social Security disability cases from filing through successful collection of disability benefits by claimants. He has handled these cases in multiple localities and at both the administrative and appellant levels.
False Claims and Health Care Fraud Litigation
False Claims and health care fraud and abuse litigation is complex and difficult. Dr. Hinnant has an in-depth knowledge of the various federal and state fraud and abuse laws that benefit health care whistle blowers. He has filed and successfully been involved in a number qui tam actions in multiple jurisdictions and has particular expertise in the areas of the Federal Starke Laws and the Anti-kickback Statute. Additionally, Dr. Hinnant has experience with the IRS as to excess benefit transactions, private inurement and private benefit. He has dealt with U.S. Attorneys in multiple jurisdictions involved in qui tam litigations as well as the Office of the Inspector General, IRS and the Federal Bureau of Investigation in many of these cases.
Those exposing corruption and waste affecting the federal and in many cases the state government are in many cases able to reap substantial rewards by way of the Qui Tam provisions of the False Claims Act. Those statutory provisions allow a whistleblower (“Relator”) to receive a percentage of the recovery made by the government. This is complex litigation and includes the express requirement that the information provided to the government be original and not previously disclosed. It’s very important that those considering such disclosure consult a qualified attorney prior to making any attempt to contact the government themselves. Dr. Hinnant has experience in weaving through the maze of obstacles necessary to succeed on such claims.
Serious Personal Injury and Wrongful Death
Personal injury occurring as a result of accidents is a common occurrence, particularly in this era of automobile transportation. Insurance companies, faced with staggering book losses as a result of declining investment values, are always aiming to minimize claims paid, to the detriment of the injured.
Successful automobile injury claims involve knowledge and experience in dealing with insurance companies, adjusters and defense attorneys. Additionally, knowledge as to the use of underinsured motorists benefits (“UIM”) can be the key to maximizing a personal injury claim. Medical issues are relevant in that compensation for personal injury can, in some cases, turn on permanent impairment. Again, the ability to discuss a claimant’s medical difficulties with a qualified physician and/or disability examiner is imperative. Lost wages, medical expenses and how injury has affected a claimant’s spouse must be considered.
Dr. Hinnant has handled a large number of these cases successfully for clients and continues to maintain an active personal interest in personal injury resulting in wrongful death and/or serious brain injury with permanent impairment.
Nursing Home Negligence
As our country’s population ages and life expectancies continue to increase, more older individuals are forced to receive Nursing Home care. These facilities are frequently understaffed and clearly deal with a challenging patient population. In some cases, injury or even death occurs in these facilities as a result of negligence.
Dr. Hinnant has experience in dealing with these matters internally and at the regulatory and judicial levels. A thorough knowledge of medicine and relevant applicable law is essential to successfully recognizing and acting effectively in the investigation and potential litigation of Nursing Home claims.
Birth Injury
Birth injury by way of either cerebral palsy, anoxic brain death or still birth is an active interest of Dr. Hinnant's. Additionally, he has expertise in dealing with shoulder dystocia cases resulting in either posterior trunk brachial plexus injuries or a complete brachial plexus avulsion. These cases affect individuals from birth until death and are highly compromising to one’s lifestyle. Dr. Hinnant has experience with these problems both at the medical and legal levels.
The ability to properly delineate vocational losses, the value of permanent impairment and obtain appropriate life care treatment plans can maximize recovery in birth injury cases. This is another area where Dr. Hinnant has substantial experience.
Criminal Law
Being arrested is perhaps the most humiliating experience a person can have. Detainment in a corrections facility is not like being at home and is the first experience for many wherein their personal freedom is denied.
The authorities are not perfect and most law enforcement officers have little knowledge of constitutional law, illegal search and seizure and proportionality in the use of force in the course of making an arrest. Criminal statutes are specific and the burden is on the government to prove your guilt beyond a reasonable doubt. Drug crimes and Driving Under the Influence are common offenses.
Dr. Hinnant has litigated criminal cases in state and federal court and is a member of South Carolina's Criminal Justice Act Attorney Panel, requiring additional continuing legal education each year on the Federal Sentencing Guidelines and other aspects of criminal substantive and procedural law. He has experience with property crime, crimes against the person (including sex offenses) and particularly in the area of drug and alcohol offenses, including DUI/DWI. If you get in trouble and need help, please consider allowing our firm to help you.
Medicare Overpayment Cases
When a Medicare Qualified Independent Contractor (“QIC”) has determined that a medical provider has been overpaid by Medicare, the potential for penalties is substantial as the government uses statistical sampling to maximize its recovery. Many times these allegations are based upon documentation issues or medical necessity. The local carrier can withhold Medicare payment either in total or partially until an alleged debt is repaid making it difficult for a practice to keep the doors open.
These matters involve potential appeals at the carrier, QIC, and before a Health and Human Services Administrative Law Judge. The HHS decision can be challenged in Federal Court. A significant Medicare Overpayment case can generate a debt that a medical practice or other health care provider cannot overcome. Dr. Hinnant's background uniquely suits these cases. Don’t delay in notifying him should you be faced with an alleged overpayment from Medicare.
EEOICPA Claims
The Energy Employees Occupational Illness Compensation Program Act (“EEOICPA”) entitles those working or preciously working in the Energy Industry to collect compensation from the government if they can prove an illness’s basis in occupational exposure to radiation or certain hazardous materials. Death claims may also be submitted. These claims require intimate knowledge of the medical facts allowing a claimant to validly state a claim and relate to prior occupational exposure.
Dr. Hinnant has handled a number of EEOICPA claims and settled them favorably for claimants.
Civil Rights and Employment Law
Claims for discrimination based upon sex, race, religion, national origin or deprivation of Constitutional rights under color of law occur commonly in many areas including employment, criminal arrest, detainment and/or prosecution. Employment discrimination, illegal search and seizure and excessive force in arrest occur and are civilly actionable against employers and governmental agencies. These claims generally provide for payment of attorney’s fees.
Dr. Hinnant has successfully litigated employment cases chiefly in the health care arena. He also has recovered monies for victims of excessive force in arrest, wrongful search and seizure and inadequate medical care while incarcerated.
Health Care Licensure and Administrative Law
A license to practice medicine of any of the health care professions (dentistry, pharmacy, nursing, physical therapy, long-term care administration, optometry) is a Constitutionally-protected property interest and provides the sole source of income for many professionals. Licenses are now challenged based upon a myriad of regulatory, prescribing and behavioral issues. These matter are addressed initially by professional licensing boards lacking legal training which more typically than not govern based upon prevailing opinion and precedent. The relevant board’s make-up and enabling legislation can determine outcomes having dramatic impacts on the lives of health care professionals subjected to scrutiny. Judicial review is available if a regulatory board’s decision is appealed but the boards are given substantial deference on the state (licensing) and federal (DEA, DHHS) levels. Presenting your case effectively to the relevant licensing or regulatory authority is the essential “first step” to a successful outcome.
Dr. Hinnant has represented individuals in multiple states in licensing matters and has sat on panels concerning administrative regulation of physicians and other health care providers. He has represented physicians before the Drug Enforcement Administration and the Center for Medicare and Medicaid Services. Let him put his experience to work for you.