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Health Care Law
Home > Areas of Practice > Health Care Law
Today's litigation climate is hazardous for the participants in the health care community. F3 lawyers understand health care and understand the issues which impact this essential service. F3's lawyers have more than 100 years of service to health care providers. Among our lawyers is Tammy White, the preeminent lawyer-nurse practicing in this region, is supported by the Farrell brothers who have extensive experience as trial and health care advisory lawyers. Charlotte A. Hoffman has served as in-house General Counsel for a hospital in the region. The legal assistant staff includes four nurses who have a diversified set of clinical experiences which enable them to efficiently and professionally evaluate medico-legal issues.
Our practice areas include many specific health care subjects because providers, as potential clients, need sufficient information to select the right lawyer for the problem presented. For many health care clients, the threshold issue is defining the problem. Medical school, nursing school and hospital administration programs devote scant attention to survival in this litigious environment. F3 lawyers are equally adept in assisting the client to avoid litigation as well as litigating the case which has already been filed.
Our pledge is simple. If you are a health care provider and have civil, criminal or licensure legal problems, we will assess them, identify your options and make a recommendation how to proceed. If a trial or hearing is necessary, F3 will provide a highly skilled trial lawyer. At F3, you have the comfort of knowing that we have the talent, experience and capacity to define your legal problems and design a strategy to resolve them successfully.
F3 accepts representations throughout the state of West Virginia and in proximate regions of Kentucky as requested.
| Publications |
| “Kentucky Medical Malpractice Requirements”, – Defense Research Institute Medical Negligence Committee Medical Liability Compendium. Co-authored with Tamela J. White.(July 2010) |
| "Key Federal Agencies Regulating Pharmaceuticals in Michael E. Clark’s Pharmaceutical Law: Regulation of Research, Development, and Marketing" , This book chapter was co-authored by Tammy White and Bernard Vallejos for the American Bar Association. It provides a comprehensive review of the various agencies and organizations which regulate the pharmaceutical industry, as well as summaries of the applicable rules and guidelines they have set forth. (Dec 2007, 2008 Supplement, 2009 Cumulative Supplement) |
| EMTALA in the 21st Century: The Cornerstone of Care for Uninsured and Underinsured, - Published in DRI For the Defense Vol. 47, No. 11 (November 2005) |
| Recent Development in Medicine and Law, Contributing Author - Tort Trial & Insurance Practice Law Journal, Volume 39, Number 2 (Winter 2004) |
| The Health Insurance Portability and Accountability Act for West Virginia Lawyers, Mercer County (West Virginia) Bar Assocciation - Princeton, West Virginia |
| The Health Insurance Portability and Accountability Act ['HIPAA'] for West Virginia Lawyers, Mercer County (West Virginia) Bar Association, Princeton, West Virginia (January 2004) |
| Forensics: A Primer, River Park Hospital, Huntington, West Virginia (January 2004) |
| The Health Insurance Portability and Accountability Act for the West Virginia Judicial System: A Practical Guide to Promote Order and Avoid Potential Chaos, West Virginia Fall Judicial Conference (October, 2003) |
| Fraud and Abuse: Standards Promulgated for Complaints Alleging Violations of the False Claims Act (“FCA”) and Clarification of Provisions of the FCA, – U.S. ex rel. Bledsoe v. Community Health Systems, Inc., 29 Am. J.L. & Med. 545 (2003). |
| West Virginia Reform Measures to Maintain Health Care Service Stability, International Association of Defense Counsel Annual Meeting Seminar, (Maui, Hawaii, June, 2003) |
| Legal Influences on Clinical Practice, Coalition to Prevent Prescription Medication Abuse: A Multidisciplinary Summit for Eastern Kentucky (June, 2003) |
| Review and Commentary Regarding the 2003 Significant Statutory Changes to the Medical Professional Liability Act, W.Va. 55-7b-1, et seq., West Virginia Spring Judicial Conference (May, 2003) |
| HIPAA: Not Just Another Healthcare Provider Compliance Law, West Virginia State Bar Litigation CLE Seminar (February, 2003) |
| Documentation Issues And Charting For The Future In West Virginia, Lorman Education Center CLE Seminar (February, 2003) |
| Medicare and Medicaid Compliance Alert: Theory Into Practice, National Business Institute CLE (December, 2002) |
| Addressing Health Care Fraud and Abuse in West Virginia, National Business Institute (December, 2002) |
| A Candid Commentary and Examination of the Amended Medical Professional Liability Act and Selected Medical Malpractice Topics, West Virginia Spring Judicial Conference (May, 2002) |
| Nursing Law and Liability in West Virginia, National Business Institute CLE Seminar (August, 2001) |
| Medical Malpractice in West Virginia, National Business Institute CLE Seminar (August, 2001) |
| Litigating the Medical and Hospital Malpractice & Product Liability Case, Mock Trial - Marshall University School of Medicine (March, 2001) |
| Professionalism, Harassment & Abuse: The Interface of Common Sense, Law and Ethics, Marshall University School of Medicine Senior Seminar (July, 2000) |
| EMTALA - Basic and Advanced Principles, MMI Companies Risk Management Seminar Programs (Charleston, Clarksburg and Flatwoods, West Virginia, 2000) |
| Nursing Law, AIDS, Professional Responsibility and Medical Legal Issues, National Business Institute CLE Seminar (May, 1999) |
| Medicare, Medicaid, Third-Party Payor Liens, West Virginia State Bar Litigation CLE (February, 1999) |
| Mandatory Reporting of Elder and Child Abuse, Medical Legal Update 1997, Lorman Business Center, Inc. |
| Confidentially: Managing Health Information in a Changing Environment, Medical Legal Update 1997, Lorman Business Center, Inc. |
| Malpractice Implications: Omissions and Other Information Within a Medical/Hospital Record Which Can Result in Litigation Against a Physician and/or Nurse, Lorman Business CME/CLE Seminar (September, 1997) |
| Withholding Life Support, Life Sustaining Treatment and the Terminally Ill Patient: Medical Power of Attorney, Advanced Directive, Living Will and Do Not Resuscitate Laws, Lorman Business CME/CLE Seminar (September, 1997) |
| Spoliation of Evidence: Civil and Criminal Consequences Involving Destruction of Tampering and/or Alteration of Medical and Hospital Records, Lorman Business CME/CLE Seminar (September, 1997) |
| Peer Review: Legal Implications of a Pathway to Improve Delivery of Healthcare, Lorman Business CME/CLE Seminar (September, 1997) |
| Patient Rights and Obligations: Defining the Legal Responsibilities and Consequences for the Non-Compliant Patient, Lorman Business CME/CLE Seminar (September, 1997) |
| Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997) |
| Medico-Legal Orientation for Health Care Providers, Lorman Business Center CLE Seminar (September, 1997) |
| Malpractice Implications: Medical Records, Lawyers & You, Lorman Business CME/CLE Seminar (September, 1997) |
| Licensure, Discipline and Professional Misconduct of a Nurse, Lorman Business CME/CLE Seminar (September, 1997) |
| Joint Commission on Accreditation of Healthcare Organizations: A Brief Overview in Relation to Malpractice Claims, Lorman Business CME/CLE Seminar (September, 1997) |
| Hospital Records and Litigation, Lorman Business CME/CLE Seminar (September, 1997) |
| Health Care Premises and Security Issues, Lorman Business CME/CLE Seminar (September, 1997) |
| Health Care Fraud: Criminal Law Implications of Medical Fraud & Abuse Claims, Lorman Business CME/CLE Seminar (September, 1997) |
| Defining and Defending The Peer Review Privilege, Lorman Business Center CME/CLE Seminar (September, 1997) |
| Psychiatric Malpractice: Defense Considerations When the Patient Commits Suicide, Co-Author, International Assoc. of Defense Counsel Medical Negligence Newsletter |
| Defense of Medical and Hospital Malpractice Litigation, West Virginia University College of Law Seminar (November, 1996) |
| Legal Issues in Mental Health Care, River Park Hospital In Service Seminar (November, 1994) |
| Physician-Patient Communications, Marshall University School of Medicine Seminar (September, 1992) |
| Legal Aspects of Documentation, Putnam General Hospital Medical and Nursing Staffs (April, 1992) |
| Human Resouce Conclave Re: Avoiding The Wrongful Discharge Claim in West Virginia's Litigious Healthcare Environment, West Virginia Human Resources Association Seminar (April, 1992) |
| Confidentiality of Medical Records: Third Party Access, Lorman Business Center, Inc. Seminar (April, 1992) |
| Checklists and Buzz Words For Human Resource Managers in West Virginia's Litigious Healthcare Environment - Avoiding The Wrongful Discharge, West Virginia Hospital Human Resources Association Seminar (April, 1992) |
| Management's Rights in West Virginia's Litigious Environment, West Virginia Hospital Association Seminar (October, 1991) |
| A Medical Malpractice Primer, Marshall University School of Medicine Seminar (September, 1991) |
| Communications in a Litigious Society, Marshall University Medical School Seminar (September, 1991) |
| Law of Informed Consent, St. Mary's Hospital Surgical Section Educational Conference (March, 1990) |
| Risk Management for Physicians, Temple University Timberline Winter Medical Legal Conference (January, 1989) |
| Civil Litigation Chapter, West Virginia Practice Handbook (Michie 1989) |
| Medical Malpractice Law for the Physician, Temple University Summer Timberline Medical Legal Conference (June, 1988) |
| Advanced Course for Medical Malpractice Litigation, West Virginia State Bar/WVU College of Law CLE Seminar (September, 1987) |
| Medical Malpractice Workshop, Defense Trial Counsel of West Virginia Annual Convention Seminar (June, 1987) |
| Medical Professional Liability Act of 1986, West Virginia State Bar/WVU College of Law CLE Seminar (December, 1986) |
| Medical Malpractice Workshop, Defense Trial Counsel of West Virginia Annual Convention Seminar (June, 1985) |
| Law of Sports Medicine, Marshall University Medical School Second Annual Sports Medicine Conference (December, 1983) |
| Legal Aspects of Infection Control, Marshall University Medical School Infectious Disease Conference (November, 1983) |
| Anesthesia Malpractice, West Virginia Anesthetist Association Seminar (November, 1983) |
| Informed Consent and the Emergency, 5 Professional Liability Newsletter 1, Houston, Texas (1983) |
| Informed Consent, West Virginia State Bar/WVU College of Law CLE Seminar (October, 1982) |
| Anesthesia Malpractice, The Catastrophic Claim, Cabell County Anesthetist's Association Seminar (October, 1980) |
| Seminars |
| 2010 Marshall University Joan C. Edwards School of Medicine Annual Risk Management Seminar., Co-Presentors Michael Farrell and Tamela White |
| "Using Expert Witnesses to Support Your Case" and "Give Ethics Proper Consideration", Handling Medical Negligence Claims Seminar (June 17, 2008) |
| A Primer on Advance Directives, - River Park Hospital, Huntington, West Virginia (December 2006) |
| Medical Malpractice Update, Presented malpractice/tort reform update to the West Virginia Chapter of the American College of Surgeons at the Greenbrier, White Sulphur Springs, West Virginia. |
| Nursing Law in West Virginia, Learn how to protect yourself against nursing liability. |
| “Complying With the New HIPAA Standards: What West Virginia Paralegals Need to Know” , Institute for Paralegal Education. Co-Presented with Tamela J. White. Charleston, West Virginia(October, 2004) |
| Know When to Hold'Em, Know When to Fold 'Em, Know When to Walk Away, Know When to Run: Employment Risk Management Issues for Health Care Professionals, C.E. alliance Seminar |
| The Health Insurance Portability and Accountability Act: A Practical Guide to Promote Order and Avoid Potential Chaos, Co-Presenter - West Virginia continuing Legal Educaion - Charleston, West Virginia (April 29, 2004) |
| The Health Insurance Portability and Accountability Act for the West Virginia Judicial System: A Practical Guide to Promote Order and Avoid Potential Chaos, West Virginia Continuing Legal Education -- Charleston, WV(April,2004) |
| The Health Insurance Portability and Accountability Act for West Virginia Lawyers, Mercer County (West Virginia) Bar Assocciation - Princeton, West Virginia |
| The Health Insurance Portability and Accountability Act ['HIPAA'] for West Virginia Lawyers, Mercer County (West Virginia) Bar Association, Princeton, West Virginia (January 2004) |
| Forensics: A Primer, River Park Hospital, Huntington, West Virginia (January 2004) |
| The Health Insurance Portability and Accountability Act for the West Virginia Judicial System: A Practical Guide to Promote Order and Avoid Potential Chaos, West Virginia Fall Judicial Conference (October, 2003) |
| West Virginia Reform Measures to Maintain Health Care Service Stability, International Association of Defense Counsel Annual Meeting Seminar, (Maui, Hawaii, June, 2003) |
| Legal Influences on Clinical Practice, Coalition to Prevent Prescription Medication Abuse: A Multidisciplinary Summit for Eastern Kentucky (June, 2003) |
| Clinical Practice in a World of Legalities, Panelist, Coalition to Prevent Prescription Medication Abuse: A Multidisciplinary Summit for Eastern Kentucky (June, 2003) |
| Review and Commentary Regarding the 2003 Significant Statutory Changes to the Medical Professional Liability Act, W.Va. 55-7b-1, et seq., West Virginia Spring Judicial Conference (May, 2003) |
| Advanced Issues in West Virginia Medical Malpractice, National Business Institute CLE Seminar (March, 2003) |
| HIPAA: Not Just Another Healthcare Provider Compliance Law, West Virginia State Bar Litigation CLE Seminar (February, 2003) |
| Documentation Issues And Charting For The Future In West Virginia, Lorman Education Center CLE Seminar (February, 2003) |
| Medicare and Medicaid Compliance Alert: Theory Into Practice, National Business Institute CLE (December, 2002) |
| Addressing Health Care Fraud and Abuse in West Virginia, National Business Institute (December, 2002) |
| A Candid Commentary and Examination of the Amended Medical Professional Liability Act and Selected Medical Malpractice Topics, West Virginia Spring Judicial Conference (May, 2002) |
| The Privacy Provisions of HIPPA - Understanding Their Language: Medical Terminology in West Virginia, Lorman Business Center CLE Seminar (December, 2001) |
| The Discovery Process - Understanding Their Language: Medical Terminology in West Virginia, Lorman Business Center CLE Seminar (December, 2001) |
| Nursing Law and Liability in West Virginia, National Business Institute CLE Seminar (August, 2001) |
| Medical Malpractice in West Virginia, National Business Institute CLE Seminar (August, 2001) |
| Litigating the Medical and Hospital Malpractice & Product Liability Case, Mock Trial - Marshall University School of Medicine (March, 2001) |
| Professionalism, Harassment & Abuse: The Interface of Common Sense, Law and Ethics, Marshall University School of Medicine Senior Seminar (July, 2000) |
| Physician Risk Management: End of Life Decision Making, Marshall University Medical School Residency Program (January, 2000) |
| EMTALA - Basic and Advanced Principles, MMI Companies Risk Management Seminar Programs (Charleston, Clarksburg and Flatwoods, West Virginia, 2000) |
| Physician Risk Management: Physician/Patient Communications, Marshall University Medical School Residency Program (September, 1999) |
| Diagnostic Malpractice, Marshall University School of Medicine Internal Medicine Annual Medico-Legal Seminar (September, 1999) |
| Risk Management and Employment Law Update, St. Mary's Hospital Medical and Dental Staff |
| Nursing Law, AIDS, Professional Responsibility and Medical Legal Issues, National Business Institute CLE Seminar (May, 1999) |
| Employment Law Update, St. Mary's Hospital Senior Management and Staff (April, 1999) |
| Medicare, Medicaid, Third-Party Payor Liens, West Virginia State Bar Litigation CLE (February, 1999) |
| Mandatory Reporting of Elder and Child Abuse, Medical Legal Update 1997, Lorman Business Center, Inc. |
| Confidentially: Managing Health Information in a Changing Environment, Medical Legal Update 1997, Lorman Business Center, Inc. |
| Malpractice Implications: Omissions and Other Information Within a Medical/Hospital Record Which Can Result in Litigation Against a Physician and/or Nurse, Lorman Business CME/CLE Seminar (September, 1997) |
| Withholding Life Support, Life Sustaining Treatment and the Terminally Ill Patient: Medical Power of Attorney, Advanced Directive, Living Will and Do Not Resuscitate Laws, Lorman Business CME/CLE Seminar (September, 1997) |
| Spoliation of Evidence: Civil and Criminal Consequences Involving Destruction of Tampering and/or Alteration of Medical and Hospital Records, Lorman Business CME/CLE Seminar (September, 1997) |
| Physician Risk Management: Physician/Patient Communications, Marshall University Medical School Residency Program (September, 1997) |
| Peer Review: Legal Implications of a Pathway to Improve Delivery of Healthcare, Lorman Business CME/CLE Seminar (September, 1997) |
| Patient Rights and Obligations: Defining the Legal Responsibilities and Consequences for the Non-Compliant Patient, Lorman Business CME/CLE Seminar (September, 1997) |
| Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997) |
| Medico-Legal Orientation for Health Care Providers, Lorman Business Center CLE Seminar (September, 1997) |
| Malpractice Implications: Medical Records, Lawyers & You, Lorman Business CME/CLE Seminar (September, 1997) |
| Licensure, Discipline and Professional Misconduct of a Nurse, Lorman Business CME/CLE Seminar (September, 1997) |
| Joint Commission on Accreditation of Healthcare Organizations: A Brief Overview in Relation to Malpractice Claims, Lorman Business CME/CLE Seminar (September, 1997) |
| Hospital Records and Litigation, Lorman Business CME/CLE Seminar (September, 1997) |
| Health Care Premises and Security Issues, Lorman Business CME/CLE Seminar (September, 1997) |
| Health Care Fraud: Criminal Law Implications of Medical Fraud & Abuse Claims, Lorman Business CME/CLE Seminar (September, 1997) |
| Defining and Defending The Peer Review Privilege, Lorman Business Center CME/CLE Seminar (September, 1997) |
| Legal Issues in Mental Health Care: The Hospital as Acute Care Center and Committing Facility, St. Mary's Hospital of Huntington Internal Education Program (November, 1996) |
| Defense of Medical and Hospital Malpractice Litigation, West Virginia University College of Law Seminar (November, 1996) |
| Medical Malpractice: Primary Care Malpractice - Lay and Nursing Staff Issues, Co-Presenter Marshall University Medical School Residency Program (September, 1995) |
| Medical Malpractice: Primary Care Malpractice - Lay and Nursing Staff Issues, Marshall University Medical School Residency Program (September, 1995) |
| Medical Malpractice: Emergency Medicine/Product Liability Mock Trial, Marshall University School of Medicine (March, 1995) |
| Obstetrical Risk Management Hazards, Raleigh County Medical Society (November, 1994) |
| Legal Issues in Mental Health Care, River Park Hospital In Service Seminar (November, 1994) |
| Perinatal Risk Management, Raleigh County Medical Society (September, 1994) |
| Malpractice Primer For Family Practice Physicians, Marshall University Medical School (February, 1994) |
| Physician-Patient Communications, Marshall University School of Medicine Seminar (September, 1992) |
| Legal Aspects of Documentation, Putnam General Hospital Medical and Nursing Staffs (April, 1992) |
| Human Resouce Conclave Re: Avoiding The Wrongful Discharge Claim in West Virginia's Litigious Healthcare Environment, West Virginia Human Resources Association Seminar (April, 1992) |
| Confidentiality of Medical Records: Third Party Access, Lorman Business Center, Inc. Seminar (April, 1992) |
| Confidentiality of Medical Records, Panel Discussion, Lorman Business Center CLE Seminar (April, 1992) |
| Checklists and Buzz Words For Human Resource Managers in West Virginia's Litigious Healthcare Environment - Avoiding The Wrongful Discharge, West Virginia Hospital Human Resources Association Seminar (April, 1992) |
| Medical Malpractice Mock Trial, Marshall University School of Medicine Family Practice Residency Program Seminar (February, 1992) |
| The Joint Commission Standards for Nursing and Ancillary Health Services, Bethesda Hospital of Cincinnati (1992) |
| Living Wills, Durable Power of Attorney, and the Role of Health Care Providers, The Jewish Hospital of Cincinnati (1992) |
| Management's Rights in West Virginia's Litigious Environment, West Virginia Hospital Association Seminar (October, 1991) |
| A Medical Malpractice Primer, Marshall University School of Medicine Seminar (September, 1991) |
| Medical Malpractice Workshop, WVU College of Law (February, 1991) |
| Communications in a Litigious Society, Marshall University Medical School Seminar (September, 1991) |
| Law of Informed Consent, St. Mary's Hospital Surgical Section Educational Conference (March, 1990) |
| Total Quality Improvement and Peer Review Process Standards for Health Care Professionals, Bethesda Hospital of Cincinnati (1990) |
| Pre-Operative Timing and Effective Use of Prophylactic Antibiotic Therapy for Surgical Patients, Total Quality Management Seminar, Bethesda Hospital of Cincinnati (1990) |
| Risk Management for Physicians, Temple University Timberline Winter Medical Legal Conference (January, 1989) |
| Medical Malpractice Law for the Physician, Temple University Summer Timberline Medical Legal Conference (June, 1988) |
| Advanced Course for Medical Malpractice Litigation, West Virginia State Bar/WVU College of Law CLE Seminar (September, 1987) |
| Medical Malpractice Workshop, Defense Trial Counsel of West Virginia Annual Convention Seminar (June, 1987) |
| Medical Professional Liability Act of 1986, West Virginia State Bar/WVU College of Law CLE Seminar (December, 1986) |
| Medical Malpractice Workshop, Defense Trial Counsel of West Virginia Annual Convention Seminar (June, 1985) |
| Informed Consent - Alternatives and Options, St. Mary's Hospital Medical Staff Educational Seminar (April, 1984) |
| Law of Sports Medicine, Marshall University Medical School Second Annual Sports Medicine Conference (December, 1983) |
| Legal Aspects of Infection Control, Marshall University Medical School Infectious Disease Conference (November, 1983) |
| Anesthesia Malpractice, West Virginia Anesthetist Association Seminar (November, 1983) |
| Informed Consent, West Virginia State Bar/WVU College of Law CLE Seminar (October, 1982) |
| Incident Reports and Medical Records, St. Mary's Hospital Nursing Staff (September, 1982) |
| Surgical Malpractice - How to Avoid It, Marshall University School of Medicine Seminar (October, 1981) MJF |
| Medical Malpractice: A West Virginia Perspective, Mason County Medical Society Seminar (August, 1981) |
| Medical Malpractice, West Virginia Legal Secretary & Paralegal Seminar (April, 1981) |
| Medical Malpractice - A Primer For the Doctor, Norval Carter Medical Society (December, 1980) |
| Medical Records - The Key To A Medical Malpractice Case, Cabell County Nurse Anesthetists Seminar (October, 1980) |
| Anesthesia Malpractice, The Catastrophic Claim, Cabell County Anesthetist's Association Seminar (October, 1980) |
| Cases |
| Hurst v. St. Mary's Hospital of Huntington, Inc., 867 F.Supp. 435 (S.D.W. Va. 1994) |
| Birthisel v. Tri-Cities Health Services Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992) |
| Baber v. Hospital Corporation of America, 977 F.2d 872 (4th Cir. 1992) |
© Farrell,
Farrell & Farrell,
PLLC |