In recent years, Hawai‘i has seen many hospitals and other health care providers undergo major changes and reorganizations. The web of regulations and other legal duties attendant to health care facilities, providers, hospital staff, and their patients requires legal counsel with depth and breadth of knowledge and experience.
With medical negligence claims on the rise, skilled and strategic representation of hospitals, physicians, and other health care providers is essential. The COVID-19 pandemic has further transformed how many health care providers deliver care and communicate with patients, and has resulted in the rapid expansion of treatment modalities such as telemedicine and PCR/NAAT testing. These developments implicate existing laws in novel ways. Cades Schutte attorneys have the comprehensive experience in health care law to provide the guidance, counsel, and support that health care providers need to navigate through their legal obligations and to defend against threats of litigation.
The attorneys in the Health Care Group have represented hospitals, hospital systems, health care facilities and practice groups, surgical centers, assisted living facilities, HMOs, PPOs, IPAs, PPAs, health care insurers, and individual physicians, nurses, and technicians.
What We Do
- False Claims Act Defense
- Health Care Regulation
- Defense of Professional Negligence, Tort, and Contract Claims
- Physician and Hospital Staff Employment Agreements
- Defense of Physician and Hospital Staff Employment and Contract Claims
- Medical Records Privacy and Regulation
- Medical Staff Peer Review/Physician Discipline
- Sales, Mergers, and Acquisitions
- Collective Bargaining in Health Care
- Tax-Exempt Bond Financing
- Tax-Exempt Status
- Government Licensing and Permitting
- Federal and State Taxation Issues
- Medicaid/Medicare Anti-Fraud and Abuse Provisions
- Hospital Bylaws Review
- Antitrust Issues
- Formation and Structuring of Health Care Businesses
Our areas of expertise include insurance and malpractice defense, false claims act defense, health care regulation, hospital law, medical records privacy, medical staff/peer review/physician discipline, mergers and acquisitions, tax-exempt bond financing, and tax-exempt status.
Our team has worked with many of Hawai‘i’s largest health care providers through their mergers, buildouts, closures, labor disputes, professional liability disputes, licensing reviews, financing, and restructuring. We also frequently represent individual physicians and doctors involved in lawsuits beyond medical malpractice defense, including sexual harassment claims and employment law issues.
- Defense of hospitals, physicians, assisted living facilities, and surgery centers in medical malpractice, contract, and other tort litigation in state and federal courts, and arbitration.
- Representation of physicians and other health care providers in administrative proceedings before the Hawai‘i Medical Board and the Regulated Industries Complaints Office.
- Representation of health care providers in licensing, appointment, re-appointment, credentialing, and re-credentialing matters.
- Formation and structuring of various types of health care entities, including non-profit corporations.
- Negotiation on behalf of hospitals in coverage and payment disputes with health care insurers.
- Conducting compliance investigations with federal CMS and Anti-Kickback regulations.
- Advising major hospital system administration and medical staff in peer review proceedings, corrective action, and bylaw review.
- Successful defense of procurement disputes from administrative hearings through civil litigation.
- Defense of hospitals and other health care facilities in labor and employment disputes with employees and independent contractors.
- Advising health care providers regarding drafting and enforcement of policies and procedures.
- Representation of assisted living facilities with residence agreement disputes and conservatorship and guardianship proceedings.
David F.E. Banks
Nathaniel T. Dang
Jarrett A. Dempsey
John P. Duchemin
Amanda M. Jones
Chris S. Mashiba
Geoffrey T. Mukae
Craig I. Nakanishi
Trisha L. Nishimoto
Jeffrey S. Portnoy
Kristin S. Shigemura
Lisa K. Swartzfager
Roy A. Vitousek III