Our Practice

Healthcare Law

Recognized by U.S. News and World Report as having a Tier 1 quality expertise, Morris James LLP provides a full range of healthcare related legal services. Caring for the health of others has its own array of legal concerns to manage. Proactive planning for today’s healthcare environment and the future is paramount to the interests of any professional practitioner or institution. We help consummate industry alliances, assure ongoing regulatory compliance, and help mitigate risk – all through experienced and multi-faceted representation. Allegations regarding privacy breaches, medical malpractice and similar challenges also require the right mix of legal experience and bench strength Morris James possesses.

Focused Legal Representation - Physicians, Pharmaceutical and Healthcare Organizations

Morris James’ team of Healthcare lawyers has long represented many of Delaware’s preeminent hospitals, physicians, and nursing homes, as well as a broad range of medical professionals, including individual physicians, physician networks and physician groups, and healthcare professionals at all levels. Our client, Christiana Care, operates the State’s two largest hospitals and its only Level 1 Trauma Center.

Healthcare providers rely on Morris James to guide them in strategic business and tax planning, regulatory compliance, legislative matters and government procurement, and to defend against medical malpractice claims, as well as in the acquisition, construction, leasing, licensure, and finance of new and expanding facilities.

Pharmaceutical companies frequently turn to the firm for representation in patent disputes, where our long-term success has garnered recognition for Morris James by Eli Lilly as a “Go-To Intellectual Property Law Firm” for Fortune 500 companies. Firm healthcare lawyers also rank among those top advocates recognized by Chambers USA – America’s Leading Lawyers for Business and have been singled out for legal excellence by Best Lawyers®, and as “Top Lawyers™” by Delaware Today; the firm’s medical malpractice defense experts are recognized as such by Benchmark Litigation: The Definitive Guide to America’s Leading Firms and Attorneys; as well as Delaware Super Lawyers®.

Advocacy and Procurement

Morris James represents clients seeking legislative changes to healthcare laws and regulations, as well as assisting those doing business with government entities with healthcare related responsibilities, such as corrections and state-employee health. Our clients include the largest electric medical record provider in the state, as well as the Medical Society of Delaware.

National Leaders In Healthcare Business Litigation

The Morris James Healthcare practice represents both healthcare providers, large businesses that serve the healthcare industry, working in all aspects of healthcare and medicine. In addition, with the advent of expanded responsibilities and penalties for non-compliance for any business that handles “protected health information” of any kind, including employers providing health coverage, we counsel organizations generally on their privacy protocols. Our business counseling aims to prevent litigation, but the firm provides representation in all Delaware state and federal courts and administrative forums.  Recent illustrations where our attorneys have assisted:

• Medical practice groups as general or special counsel, advising on aspects of regulatory compliance, comprehensive strategic planning and transactional matters
• Government relations matters, including drafting and lobbying for passage of legislation and regulations to allow telehealth in Delaware, H.B. 69, and increase compensation rates for primary care physicians, S.B. 227
• Businesses entering Business Associate Agreements and general HIPAA/HITECH compliance   
• Defense of physicians and physicians’ groups in medical malpractice cases or state licensure matters
• Licensing, purchases and sales, financing, bankruptcy and business litigation involving clinics, nursing homes, ambulatory surgery centers and other care providers
• Defending nursing homes and long-term care centers accused of neglect or abuse
• Pharma and medical device manufacturers facing product liability issues
• Healthcare businesses navigating intellectual property laws
• Organizations that have been victims of data breaches or accused of noncompliance with HIPAA or other related regulatory standards
• Banks, developers and investors in healthcare assets
• Pharmacies seeking outsourcing and similar permits

The firm has aided physicians and physician groups in all aspects of medical practice, including:

• Practice acquisition and clinical integration
• Proactive growth and geographical expansion
• Regulatory compliance, including Stark and Anti-Kickback issues
• General operation and management, including governance structures
• Shareholder/ownership matters, including practice succession and considerations for consolidation
• Respective rights and duties among physicians as shareholder-employees
• Hiring and promotion decisions, including negotiation of employment arrangements, production-based compensation and related issues
• Separation from employment, including retirement, death, disability and resignation
• Liquidated damages imposed as disincentive for starting/joining competing practice
• Instituting Peer Review Policies and Procedures in compliance with the Federal Patient Safety and Quality Improvement Act, and Delaware reporting laws relating to Patient Abuse
• Establishing ambulatory surgery centers, including 23-hour surgery centers
• Acquisition, sale, development and leasing of real estate and equipment
• Navigating transition from private practice to hospital practice
• Negotiation and enforcement of non-compete agreements
• Initial formation and organization
• Startup and transitional matters, including proper use of ”tail” coverage for claims-made potential from prior practices
• Healthcare related contracts with government agencies
• Drafting and lobbying for passage of legislation and regulations to address practice business challenges

Legal Representation For Nearly All Aspects Of The Healthcare Industry

Morris James will provide experienced, informed representation in the role as counselor for strategic planning, in court, at the negotiating table, or before a disciplinary board. We understand that, in addition to legal knowledge, successfully defending clients against malpractice and other claims requires extensive understanding of medical conditions and best practices for treatment.

We also bring our extensive business and tax experience in the healthcare field to help our clients achieve their financial goals. Morris James lawyers also provide counsel on matters such as the tax-efficient use of affiliated real estate companies, passing wealth on to the next generation through strategic use of trusts and other planning techniques, and long-term asset protection. Our clients’ legal needs go beyond healthcare law. Explore our experience in those related areas including Real Estate, Land Use, Employment Law, Bankruptcy, Intellectual Property, Corporate Governance, Trusts and Estates and Litigation by clicking here.

We actively participate in numerous healthcare-related organizations, including:

• Delaware Medical Group Management Association
• Delaware Healthcare Facilities Association
• American Health Lawyers Association
• Medical Liability and Healthcare Law Committee
• Delaware State Bar Association – Health Law Section
• American Bar Association – Health Law Section