Medical Malpractice Defense
Our primary focus is zealous representation of health care providers and facilities facing a medical malpractice negligence claim or lawsuit. Defending these cases requires thorough investigation of the factual details of each case. Virginia law in this area is multifaceted and nuanced. Intelligent and knowledgeable handling are keys to success. Our attorneys carefully analyze the legal issues presented by each case. The complexity of the medicine makes medical malpractice defense uniquely challenging for attorneys. Mastering this aspect of each case comes only through experience, commitment, close partnership with our health care provider clients and engagement of top consulting expert witnesses. An objective evaluation of the strengths and weaknesses of each case helps us guide our clients to favorable outcomes. Each case takes its own path, ending with dismissals without payment, fair and cost-effective settlement, or a trial verdict outcome. Along the way, we partner closely with health care professionals and insurance carrier partners to make strong defense teams.
Appeals and Dispositive Issues
Byrne Canaan Law is committed to providing exceptional representation to our clients throughout the entire legal process, which includes appellate representation. Whether a case originates with our firm, or comes to us initially in anticipation of appeal, Byrne Canaan Law’s team implements a disciplined approach to preparing for and guiding our client through the appellate process. Our full-service appellate practice begins at the trial level where our appellate attorneys collaborate with trial counsel to resolve dispositive motions, preserve error, and develop the record. Once an appeal is noted, Byrne Canaan Law’s team has experience navigating the procedural complexities of practice before Virginia and federal appellate courts to pursue or resist an appeal. Our attorneys’ experience crafting carefully tailored briefs and delivering thoughtful oral argument has successfully preserved favorable outcomes as well as obtained reversals of unfavorable outcomes on appeal.
Health care providers and organizations are under constant scrutiny and subject to ever changing state and federal regulations. Our attorneys are committed to staying abreast of these legal obligations and exposure risks in order to provide our clients with up to date advice in areas of tort liability, licensure, and federal and state regulatory compliance in this highly dynamic industry. We work with health care providers in order to identify, manage, minimize, and avoid legal risks. In the event of an incident, Byrne Canaan Law’s dedicated team of attorneys works in close partnership with the client to mitigate the reputational damage and financial liability which may arise. Strategic legal guidance is important for providers at all stages in their practice, and our attorneys are committed to working proactively to ensure compliance and reduce the risk of injury to patients, staff members, and health care providers.
Litigation is all about problem solving. Lawsuits are not just legal problems, but they present business and people problems as well. We take pride in fully servicing our health care professionals’ needs and have experience in handling litigation matters involving their businesses. Whether it be an employment, contract, premises, or partnership dispute, our attorneys have the skills to represent your interests efficiently and effectively.
Health Care Investigations and Enforcement Actions
Given the current legal environment and complexities in the health care industry, providers and institutions often times find themselves as the target of both civil and criminal investigations. Byrne Canaan Law’s attorneys represent clients in investigations conducted by a number of agencies such as the Department of Health and Human Services Office of Inspector General (HHS-OIG), the Department of Justice (DOJ), the Centers for Medicaid and Medicare Services (CMS), the Federal Bureau of Investigation (FBI), and the Medicaid Fraud Control Unit (MFCU). With extensive experience in both federal and state courts, Byrne Canaan Law’s attorneys are well-suited to handle all stages of complex criminal and civil enforcement proceedings.
Long Term Care Defense
Rehabilitation centers, nursing homes, and skilled nursing facilities have unique needs and challenges in responding medical malpractice and other civil and criminal claims. Negligence cases commonly arise from patient falls, medication issues, pressure wounds, and allegations of lack of proper care and attention. Byrne Canaan Law has experience navigating the unique challenges faced in these cases and addressing them head on. We work diligently with the facility and their staff to fully investigate the claim and launch a defense to resolve the case favorably.
Criminal Defense and Government Investigations
Criminal investigations can grind any business to a halt, and there is a high risk of serious repercussions for the individuals involved. Drawing on extensive prosecutorial and litigation experience, Byrne Canaan Law’s White Collar Criminal Defense and Government Investigations attorneys are well-equipped to assist clients facing any serious criminal investigation. Our team intervenes early in investigations if possible to head off criminal charges before they arise. If charges are filed against our clients, Byrne Canaan Law has the experience, resources, and dedication to mount a zealous defense at all stages of litigation.
Byrne Canaan Law’s attorneys represent clients charged with a wide variety of serious crimes including fraud, embezzlement, and drug distribution in federal and state courts across Virginia. Our attorneys are experienced in assisting clients navigating federal grand jury proceedings, subpoena responses, and other investigatory demands from law enforcement agencies. We also conduct internal investigations to assist organizations identify and remedy potential issues before they turn into larger problems.
HIPAA / Privacy & Security
Health Insurance Portability and Accountability Act (“HIPAA”) is critical to all healthcare providers. The HHS Office for Civil Rights is responsible for enforcing the Privacy & Security Rules. Byrne Canaan Law is well versed in the intricacies of HIPAA and the implications to healthcare providers. The team can assist health care providers in navigating the privacy and security of confidential patient information and medical records to ensure compliance with HIPAA's standards, respond to enforcement initiatives, and address liability exposure in the setting of potential breach.
Health Regulatory Boards, Licensing & Credentialing
Healthcare providers in Virginia are governed by various state licensing boards overseen by the Department of Health Professions. The attorneys at Byrne Canaan Law have unmatched experience representing healthcare providers before the various Virginia state licensing boards. With years of experience, we have represented clients before almost every Board, including the Board of Medicine, the Board of Dentistry, the Board of Nursing, the Board of Pharmacy, and the Board Long-Term Care Administrators. We also have extensive experience counseling clients who are applying for reinstatement of their license or are facing medical staff or peer review investigations. We not only have extensive knowledge of the laws and regulations governing health professions, but also an understanding of the intricacies of the Boards and their investigation processes. This knowledge allows us to provide effective and efficient representation to clients when their licenses are on the line.
Reimbursement Audits and Appeals
As healthcare costs continue to rise, providers face increased scrutiny from the Centers for Medicare and Medicaid Services (CMS) and its contractors. We advise clients on a broad range of regulatory and reimbursement issues, including assisting providers responding to CMS audit demands. With deep experience in complex litigation and regulatory law, we also represent clients facing serious allegations of health care fraud and potential False Claims Act cases.