Why Every Hospital Needs A Commercial Law Attorney

Medical malpractice suits, commercial lawsuits, and employee compensations are some of the most common legal issues faced by hospitals and associated physicians. In many cases, these legal problems will result in the hospital paying out thousands of dollars in settlements. Having legal experts working alongside medical experts will help the hospital to avoid common legal pitfalls that cost hospitals valuable time and money. Here are a few things that having permanent legal counsel can do for a hospital. 

Avoid Class Action Lawsuits

Single personal injury or sexual harassment cases can be expensive enough, but class action lawsuits can be potentially deadly for a hospital. If many employees perceive they have been treated unfairly or if many patients band together because they have similar injuries, the case against the hospital can become very public and more difficult to fight.

Legal professionals working for the hospital can help to protect against class actions lawsuits by making sure that all employees are informed of current labor laws and that their position as an employee or contracted professional is clearly stated upon hire. For example, in the busy hospital environment, it is easy for certain contractors or employees to be asked to do more than is stated in their contract, which leaves the hospital liable for patient injuries due to overworked or under-qualified staff. Employees can also sue for breach of contract. 

Contracts should be reviewed and endorsed by a legal professional before they are signed. Also, hospital staffing, employee status, and company policies should be reviewed often by both the medical board and associated attorneys.

Suing For Financing

One one hand, lawsuits cost hospitals money. On the other, hospitals are in a constant battle with government agencies to access proper funding. For example, many hospitals have trouble getting reimbursed for Medicare or Medicaid patients. Partial funding may be available, but legal action sometimes needs to be taken in order for the hospital to have access to all of the funding they need for patient care. There are complex rules about the number of hours a patient must be in hospital before funding becomes available, and there are also regulations about how many patients can be treated on government funding and what types of care they can receive. A commercial litigation lawyer is often needed to cut through the red tape. 

Wrongful Termination Lawsuits

Physicians are a hospital's bread and butter, but many physicians can become a nightmare for the company after they are dismissed. If an employee is terminated based on poor medical reviews or another less-than-cordial cause, physicians can often sue the hospital for wrongful termination, breach of contract, or even fraud. Contract law, as intimated above, is complex. After an employee is let go from the hospital, whether or not a lawsuit is likely, a lawyer should review employment contracts with the former employee and explain how the action is legally fair and just. Also, employees often receive benefits like health insurance and 401K contributions. These should be meted out and decided with the help of a lawyer as well.

Partnerships And Grants

Hospitals often receive private funding and donations from businesses or wealthy patrons. These gifts are appreciated, but they also must be used as stipulated by the donor. Therefore, special trusts, scholarships, and research funding should all be overseen by a commercial litigation lawyer. If donors, especially donating companies, later decide that their donation has not been used appropriately or if the allotted amount must be changed, a lawyer can oversee the accounts and handle any disputes. 

Unfortunately, an operation as large and many-faceted as a hospital has many legal needs that cannot be properly handled without close legal observation on a full-time basis. If you are looking for reliable legal counsel in your medical practice, contact a commercial litigation law organization to make further arrangements. 

For more information, check out the sites that specialize in commercial litigation.