Not All Health Care Attorneys and Firms are Equal
The Law Offices Of David S. Barmak, LLC
Business people and professional practitioners in the health care industry know that this playing field is not only extraordinarily regulated, but that as a law client they often need representation on four levels, sometimes simultaneously:
- Business affairs
- Personal/professional matters
- Transactions and
- Litigation
One lawyer or law firm rarely encompasses this array of needs. Very few health care attorneys are proficient in both transactions and in litigation, as well as being completely cognizant of the customary business practices unique to the many layers and channels of the health care industry. As a result, the solutions they may propose or accept may not protect the total well-being of the client, especially in complex or risk laden situations.
David Barmak calls upon his lengthy experience as both a business owner/executive in the health care field and combines it with his experience as a lawyer who assists clients with all types of transactions and litigation. The Law Offices Of David S. Barmak represents many types of law clients, among them:
- Skilled nursing facilities and assisted living facilities;
- Medical groups;
- Home health care agencies;
- Professional practitioners:
- Physicians
- Medical Directors
- Physical therapists
- Pharmacists
- Prosthetists and other professionals
- Professional health care trade associations
- Durable medical equipment distributors
Complex and Risk-Laden Litigation
The Law Offices Of David S. Barmak's litigation work for health care clients spans the gamut of issues professionals and entities may face in their profession and business. It handles litigation and appeals at the state and federal levels and before professional boards across the country.
Litigation Defense
Defense of health care entities regarding:
- Employment related claims of discrimination, harassment, termination, retaliation.
- Whistleblower retaliation suits brought by employees and others
- Professional and general liability claims brought by patients
- Civil and criminal fraud investigations by government agencies
- Fraud cases brought by health insurers against practitioners
- Claims by payor that anesthesiology clients, (represented both the professional practice as well as individual physicians), double billed not only the payor but a hospital under a capitated fee arrangement program.
- Landmark NJ case for improper corporate structure (non-licensee owner) of a physical therapy practice: Lawsuit by PIP carrier against physical therapy practice for improper corporate structure (Inc. v. PC) and non-licensee owner. Case of first impression in New Jersey with respect to physical therapy practices.
- Claims for monies owed, breach of contract
- Lawsuit brought on behalf of health care practitioners for monies owed and breach of contract.
Defense of professionals before professional boards
- Represented physicians before NJ Board of Medical Examiners in defense against patient complaints
- Represented Prosthetist / Orthotist before Illinois Board of Orthotics and Prosthetics as well as before State Attorney General and US Attorney's Office on fraud issues
- Represented Prosthetist / Orthotist before Texas Board of Orthotics and Prosthetics
- Represented pharmacy consultant before Bankruptcy Trustee in effort to get paid by bankrupt skilled nursing facility
- Represented physical therapists before NJ Board of Physical Therapy Examiners
- Represented athletic trainer before NJ Athletic Trainer Committee
Plaintiff Work
Representation of individuals or groups in actions regarding:
- Whistleblower actions brought by health care practitioner against a manufacturer of durable medical equipment, i.e., Qui tam litigation.
- Federal Qui tam case brought by relator (plaintiff/prosecutor) against manufacturer of durable medical equipment for fraudulently billing Medicare: waiver of Medicare co-payments, kickbacks to major NYC hospitals (free hospital rental equipment in exchange for home equipment referrals).
- Claims for monies or fees owed, breach of contract, and other claims
- A distributor of medical equipment sued a manufacturer for legal fees and expenses related to the defense of fraud stemming from a suit brought by the Department of Justice against the manufacturer, where the distributor was not guilty of any wrongdoing, but had to spend money on the defense.
- Represented health care practitioner (physician) against a health insurer for inconsistent payment of particular pain management procedure. Insurer first paid for the procedure and then stopped paying claiming procedure was experimental. Creative resolution: Barmak negotiated withdrawal of the Complaint in exchange for client having opportunity to present her research to the insurer's Board of Medical Directors
- Lawsuit for breach of contract involving reengineering of plaintiff's website
- Claims brought on behalf of Health care provider defrauded by medical billing company
- Claims for monies owed against health insurance companies for the misclassification and underpaying of health care practitioners within a group; claims against health insurer for a pattern of deducting overpayments for one patient from another patient payment.
- Collections on behalf of health care providers against patients and / or insurance carriers
