WHAT'S NEW AT PACIFIC WEST LAW GROUP LLP
Firm Successfully Defends Physician
Against Medical Board Accusation
Brock Phillips recently completed the successful
defense of a young OB/GYN in a licensing case brought by the Medical
Board. The firm’s client had been wrongfully accused by the Board of
mismanaging two separate deliveries on the same day while she was a
physician at Kaiser. Phillips had the cases reviewed by several top
experts who fully supported the client’s care. The case went to a
contested one week hearing before an administrative law judge whose
decision rejected the charges of the Medical Board and found in favor of
the client on each and every substantive allegation. The final decision
of the Board did admonish the client that the charting in one case was
inadequate, an allegation Phillips and the client had conceded
throughout the case. The victory was particularly satisfying as the
physician disciplinary system is very conservative and it is quite
uncommon for a physician to prevail against allegations brought by the
Board, no matter how weak the Board’s case.
Firm Represents Physicians in
Litigation Against Disability Insurer
Brock Phillips has taken on UnumProvident
Insurance Company in two separate cases brought on behalf of physicians
who were denied disability benefits by Provident. Each of those cases
has now been successfully settled. While the amounts of the settlements
are confidential, the smaller case was quickly and satisfactorily
settled for an amount in six figures. The larger of the two cases was
fiercely litigated for almost two years. Shortly before trial Provident
substantially increased its settlement offer and the case resolved with
a settlement in seven figures.
Provident aggressively marketed disability insurance policies to
physicians and other high income earners in the 1970’s-1980’s. Many of
these policies were non-cancelable with high benefit pay-outs in the
event of a disability. In the last few years Provident has garnered a
great deal of bad publicity charging it routinely denies valid claims
from its insureds. Phillips has brought his over twenty years of
experience in handling insurance coverage and bad faith issues to the
vigorous prosecution of these cases on behalf of the firm’s clients.
Delbert Gee Appointed Judge
in Alameda County
The partners of Pacific
West Law Group LLP are proud to announce that their partner, Delbert C.
Gee, has been appointed by Governor Gray Davis to be a judge of the
Superior Court of California, County of Alameda. Judge Gee will be
assigned to the Superior Court in Oakland in November 2002. Pacific West
Law Group LLP congratulates Delbert and offers him our best wishes in
his new career.
Rishi Speaks At ABA On Bankruptcy
And Regulation In Health Industry
Smeeta Rishi of Pacific
West Law Group spoke on August 9, 2002 at the annual meeting of the
Business Law Section of the American Bar Association in Washington, DC
as a moderator and speaker on “Bankruptcy of a Health Plan – Disarray in
the Community”, and as a moderator of a panel discussion on “On the
Government’s Home Turf: Perspectives in Regulatory and Enforcement
Issues in the Health Care Industry”.
Rishi Lectures For ABA On
Physician Employment Contracts
Smeeta Rishi of Pacific West Law Group spoke on
June 15, 2002 at the American Bar Association Health Law Section’s
Fourth Annual Conference on Physician-Legal Issues in Chicago on
“Physician Employment Contracts and Restrictive Covenants”. The program
focused on documentation of the employment relationship between a
medical group and a physician. Issues discussed included the unique
aspects of employment agreements. Particular attention was paid to the
issue of non-competes and related restrictive covenants in physician
employment agreements. The rules for how courts analyze such provisions
generally and the special considerations for physician agreements were
examined. Ms. Rishi also facilitated a discussion on “Hospital Based
Physicians” at the seminar
Gee Successfully Defends Doctor
At Adminstrative Law Hearing
Delbert Gee completed a successful defense of a
doctor in a state licensing action after a five-day administrative law
hearing in Oakland in April 2002. An administrative law judge rejected
the Attorney General’s attempt on behalf of the state licensing board to
revoke the doctor’s license to practice.
Firm Website Part Of College
Class Curriculum
The article “What E-Health Companies Need to Know
About Health Law” by Delbert Gee from the Pacific West Law Group website
was part of the curriculum for a class entitled “Cyberspace Law” taught
at the University of North Carolina, Chapel Hill during the Fall 2001
semester.
Phillips Elected President
Of California Society Of Healthcare Attorneys
Brock Phillips of Pacific West Law Group LLP was
elected President of the California Society of Healthcare Attorneys for
the 2002-2003 term. CSHA is an organization of almost 500 California
attorneys who represent health facilities, health systems, physicians
and physician groups, health insurance carriers, governmental agencies
and academia. The objectives of CSHA are to provide a forum and
opportunity for attorneys in the healthcare law to meet and exchange
information and ideas, to provide a central agency for the exchange of
information in the health law arena, provide educational programs on
timely national and state health law matters, and to promote
collegiality amongst healthcare attorneys.
Gee Appointed to California
Academy of Family Physicians Foundation Board
Delbert Gee was recently appointed to a three year
term as a member of the Board of Trustees for the
California Academy of
Family Physicians Foundation. The CAFP Foundation supports the goals and
projects of the California Academy of Family Physicians in order to
advance the delivery of accessible, compassionate and comprehensive
health care to the people of California.
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