A Go-To Partner for Health Care Organizations

We are the “go-to” firm for major health care organizations in the Twin Cities and beyond. We have far-reaching experience that has earned us a reputation as well-prepared, professional, and committed to every health care case we handle.

Services

Litigation

• Civil and administrative actions, including medical and dental malpractice
• Long-term care
• Licensing board proceedings
• Medical practice, nursing, dental, podiatry, social work, psychology, physical therapy, and more
• Vulnerable adult and child abuse and neglect issues
• Civil Commitment matters
• Risk management and claim prevention, adverse event reporting
• Health care information, privacy, HIPAA, and the Minnesota Health Records Act
• Provider and facility licensing
• Mental health (72-hour hold, involuntary hospitalization)
• Credentialing medical staff matters
• EMTALA risk management and litigation
• Pre-suit claim investigation
• Subpoenas
• Guardianship and Conservatorship
• End of life
• Billing practices

Representative Cases

• Representation of American Medical Association, Minnesota Hospital Association and Minnesota Medical Association as amicus in appeal to Minnesota Supreme Court about whether Minnesota recognizes ostensible agency as a viable cause of action. Warren v. Dinter, 926 N.W.2d 370 (Minn. 2019).
• Representation of physician at the Court of Appeals, obtaining summary judgment and affirmance in a case of first impression that clarified the timing mechanisms in Minnesota’s expert-review statute, Minn. Stat. § 145.682. Firkus v. Harms, 914 N.W.2d 414 (Minn. App. 2018).
• Representation of health system, obtaining a decision in a case of first impression, where the Minnesota Supreme Court clarified the extent of good-faith immunity under the Minnesota Commitment and Treatment Act. Binkley, 877 N.W.2d 547 (Minn. 2016).
• Representation of amicus curiae Minnesota Hospital Association and Minnesota Medical Association in a medical malpractice case of first impression involving Minnesota’s “loss of chance” doctrine. Dickhoff v. Green, 836 N.W.2d 321 (Minn. 2013).
• Representation of American Medical Association, obtaining dismissal of the American Medical Association in a matter involving alleged antitrust and RICO violations. Uhr v. Responsible Hospitality Institute, Inc., No. 10-CV-4945, 2011 WL 4091866 (D. Minn. 2011), aff’d 2012 WL 2893492 (8th Cir. 2012), cert den. 133 S. Ct. 1248 (2013).
• Representation of amicus curiae Minnesota Hospital Association and MMIC Group/MMIC Insurance in a case of first impression interpreting the ability to cure under Minnesota’s expert review statute. Wesely v. Flor, 806 N.W.2d 36 (Minn. 2011).
• Representation of hospital, obtaining summary judgment and affirmance in an action involving the immunity provisions of the Minnesota Commitment Act.
• Obtained summary judgment and affirmance in malpractice action interpreting the applicability of Minnesota’s expert review statute.
• Representation of hospital, obtaining dismissal and affirmance in a medical malpractice action involving the applicability of the expert review statute.
• Obtained summary judgment and affirmance defining whether a duty is owed by a nurse to obtain informed consent under Minnesota law.
• Representation of amicus curiae Minnesota Hospital Association, Minnesota Medical Association, and American Medical Association in a case of first impression involving claims of negligent credentialing. Larson v. Wasemiller, 738 N.W.2d 300 (Minn. 2007).
• Representation of amicus curiae Minnesota Hospital Association, Minnesota Medical Association, American Medical Association, Minnesota Orthopaedic Association, American Association of Orthopaedic Surgeons, American College of Emergency Physicians, and American Academy of Pediatrics, Minnesota Chapter in a matter involving the Child Abuse Reporting Act. Becker v. Mayo Found., 737 N.W.2d 200 (Minn. 2007).
• Representation of hospital, obtaining summary judgment and affirmance in a medical malpractice action interpreting the applicable statute of limitations.
• Representation of a local physician, hospital, and others, obtaining summary judgment and affirmance in an action alleging defamation, intentional infliction of emotional distress, negligence, and false imprisonment. Mellett, 634 N.W.2d 421 (Minn. 2001).
• Obtained order dismissing a plaintiff’s medical malpractice claims because the complaint failed to allege compensable damages.
• Representation of two major Twin Cities health systems, obtaining decisions on their behalf in separate credentialing disputes with members of the systems’ medical staff.
• Defense of a health system at trial, obtaining a defense jury verdict in a physical therapy injury case.
• Representation of medical facility in a medical malpractice action alleging failure to timely diagnose. Koch v. Mork Clinic, P.A., 540 N.W.2d 526 (Minn. Ct. App. 1995).
• Representation of health care provider, obtaining dismissal and affirmance in a case involving liability arising from the criminal acts of a third party who murdered a patient. Kay, 531 N.W.2d 517 (Minn. App. 1995).