Health Care Provider Law

Sullivan Weinstein & McQuay represents health care providers including hospitals, academic medical centers, corporate health care systems, visiting nurse associations, nursing homes and assisted living facilities in traditional Labor and Employment matters. 

On behalf of clients whose employees are represented by unions, we negotiate their collective bargaining agreements (traditional as well as interest-based bargaining), handle arbitrations, provide advice on contract interpretation and administration, and represent them in proceedings before numerous state and federal agencies, including the National Labor Relations Board, and in the courts. 

On employment matters, we provide a range of services, including: advising on and drafting employment contracts; revising, drafting and implementing employment policies, such as employee manuals and handbooks; training of management and medical staff in relevant aspects of employment law; counseling on discrete employment situations; conducting internal investigations; and aggressively representing clients in all manner of employment Litigation in state and federal agencies and courts. 

Our experience for health care providers extends beyond traditional labor & employment matters.   We counsel health care providers on medical staff appointments, physician privileges, discipline and reporting, patient rights and ethical concerns.  We represented an acute care hospital in a breach of contract suit over a failed merger with another hospital.  Sullivan Weinstein & McQuay has unique and substantial expertise in this hybrid practice area. 

Our lawyers include the former Deputy General Counsel from Dana Farber, a former Associate General Counsel at Brigham & Women’s and Partners HealthCare, as well as lawyers who have represented health care providers for many years.  

Representative Matters

Internal and External Investigations - Drug Overdoses: One of our lawyers led an internal investigation established by its Board of Trustees concerning the drug overdose of two patients. The investigation resulted in a 60-page report, which re-shaped the entire organization. Our lawyers also led the team that responded to external investigations stemming from the same incident. Those investigations ultimately resulted in accreditation by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) with "Commendation" as well as a "deficiency free survey" from the Massachusetts Department of Public Health (DPH)

Business Interference: Successfully defended Brockton Hospital against physician group in claims that Medicare cases were improperly taken from another physician group.

Removal of Physician: Defended Children's Hospital against a physician scientist at an internal administrative hearing before a panel of physicians.

Disability Discrimination: Obtained a no probable cause finding on a claim against a hospital that it violated the Americans with Disabilities Act (ADA) by not reasonably accommodating a worker who was out on Workers' Compensation.

Sexual Harassment: Negotiated favorable settlement and dismissal for major Boston hospital in sexual harassment suit.

Gender/National Origin Discrimination: Defending Tufts-New England Medical Center and several physicians against terminated resident's claims for discrimination based on gender and national origin.

Age Discrimination: Successfully resolved a lawsuit brought against a hospital by six nursing leaders claiming that their jobs were eliminated for age bias, and not for legitimate business reasons.

Disability Discrimination: Successfully defended a hospital client against claims asserted by employee alleging disability discrimination and a failure to provide reasonable accommodation.

Accommodation and Disability Discrimination: Won summary judgment for Faulkner Hospital in disability discrimination suit.

Sex and Race Discrimination: Defended a national health care system and a local nursing home against claims that their nursing directors were terminated for race and gender bias. Obtained dismissal of both matters at the MCAD and the Superior Court.

Disability Discrimination and Workers' Compensation: Successfully defended Cooley Dickinson Hospital in a case of first impression involving the interaction of claims for workers' compensation with a request for reasonable accommodation for disabilities. The Supreme Judicial Court upheld the lower court's award of summary judgment in hospital's favor.

Sexual Harassment and Protection of Witnesses: Successfully defended employer who had terminated plaintiff for repeatedly harassing female coworkers. Successfully thwarted attempts by plaintiff to identify witnesses upon whom employer had relied in deciding to terminate him.