Our firm maintains a vibrant litigation, appellate and insurance practice. Whether it be pursuing a claim or defending a claim, we represent physicians in all matters related to the practice of medicine. While most of the litigation arises in the health care context, the types of civil cases we handle are far-reaching and varied. Given the firm’s pronounced health law expertise, we often handle cutting-edge lawsuits, test cases, and cases of first impression.
Our litigation philosophy focuses on the development of innovative theories of recovery and defense strategies designed to create an advantage for our clients. Our attorneys recognize that in most cases there will be a fundamental strength and/or weakness which may be used to the most prepared side’s advantage. Our clients benefit from our firm’s comprehensive early case analysis and formation of an aggressive litigation plan. Our founder participates in the strategic analysis of cases and assists in researching, structuring, and arguing major motions. He also has extensive experience in appellate work. When necessary, we are prepared to vigorously litigate our clients’ cases in court.
The firm has a long history of successfully handling appellate matters – from post-trial motions to the higher state and federal courts. Known for its written and oral advocacy, the firm wins over 80% of the appellate matter it undertakes. Mr. Bond has long been a member of the California Academy of Appellate lawyers for nearly two decades. The firm’s appellate expertise and strategic skills leads to its involvement in cutting edge legal issues and an active role in “impact cases” advocating for physicians and ultimately for their patients.
Often our clients need assistance making claims and/or obtaining coverage under their insurance policy, especially when insurance company practices are less than transparent and frustrating. Mr. Bond has extensive expertise in coverage issues and spent several years as coverage counsel for NorCal Insurance Company. Whether claims or coverage issues arise under professional liability, disability or other forms of insurance, our lawyers are well versed in all forms of insurance law.
We represent physicians and medical entities as plaintiffs or defendants in lawsuits arising from or bearing directly on their work in the health care field, whether in their capacity as individual practitioners or as members of a physician group or entity. The climate in which physicians practice medicine today has dramatically changed with a definite trend towards law enforcement involvement is suspected violations of Fraud and Abuse laws. We defend physicians in civil RICO actions asserting upcoding, billing fraud and other complex litigation matters. We also assist physicians who have been subjected to Due Process violations in the context of Medical Provider Network exclusion policies and disciplinary processes.
The firm recognizes one of the most stressful and disheartening aspects of the practice of medicine is when a physician is sued by his/her patient for malpractice. Our work is dedicated to helping doctors by providing guidance and exceptional representation through the process. The firm brings a team of lawyers with specialized knowledge, skill, expertise and decades-long experience in medical malpractice defense trial work. Mr. Bond has handled hundreds of malpractice lawsuits for physicians in all practice specialties. Due to the firm’s reputation and longstanding presence in the healthcare community, we have access to the leading medical experts to assist in the evaluation of the malpractice allegations leveled at our physician clients. Likewise, our attorneys are well-respected and established members of the medical malpractice defense bar.
Our firm maintains a leadership role in representing physicians and other health care providers in qui tam actions. Our extensive knowledge of the regulatory guidelines, coupled with our practical knowledge of how health care is delivered and financed puts us in a unique position to initiate effective qui tam litigation. As health care regulation increases, the Affordable Care Act has bolstered the rights of health care “whistleblowers” to bring False Claims Act litigation known as qui tam suits under both state and federal law. These suits may be initiated by persons with first-hand knowledge of fraud or regulatory violations committed against the state or federal government. Physicians are often witnesses to Medicare and Medi-Cal billing fraud, as well as violation of other government rules such as anti-kickback and fraud and abuse regulations. Whistleblowers are called “relators” in qui tam actions and if successfully prosecuted are entitled to a large portion of the proceeds from these lawsuits as well as attorneys fees.
The firm has deep expertise and experience in health care law and is frequently called upon to provide expert consultation and testimony. Mr. Bond is available to serve as an expert witness on medico-legal matters ranging from physician due process and peer review, to health care fraud and medicoeconomics. The firm also provides expert consultation to criminal attorneys on health care law, medical fraud and abuse as well as regulatory and compliance issues so they may better defend their clients.
Our firm routinely serves as personal or Cumis Counsel for physicians and other clients where insurance coverage is in dispute or where there is a potential for judgment in excess of insurance limits. Accordingly, the firm aggressively represents these clients to protect and prevent exposure of personal assets as a result of the litigation process.