Representation of Physicians and Health Care Professionals
I have represented physicians and other health care professionals for more than 30 years. I am a member of the American Health Lawyers Association. My firm and I have focused on sham peer review, hospital and administrative agency counsel and hearings and remedies including damages. In 2008 The Simmelweis Society made me one of its Laureates. The Simmelweis Society takes its name from, and honors, the Austrian physician run out of Vienna by the dominant doctors of the day, because he dared to suggest, that to avoid lethal childbirth fevers, physicians should wash their hands before delivering babies.
The Simmelweis Society made its “Clean Hands” award to me:
“for your courage and self-sacrifice in safeguarding patient care by exposing institutional abuse in the medical community.”
My work so honored has been primarily counsel to physicians, as well as litigation, and by way of the article below (webpublished by the American Health Lawyers Association, 2008) as well as legal assistance on legislative and similar initiatives.
How to Protect Physician Whistleblower – Patient Advocates – from Retaliation, to Benefit Patients – a legal analysis regarding Summary Suspension, Retaliation, Peer Review and Remedies, by Bartholomew Lee, Attorney at Law, and Gil Mileikowsky, MD.
I have also worked on behalf of dentists and medical First Responders. A legal summary of some legal issues for First Responders appears on this website. My law firm and I have represented many physicians over many years, in a variety of contexts. Recently, peer review and relations with hospitals have come to the fore.
We have also represented California Pacific Medical Associates in its relations with the Office of the Attorney General in connection with its transformation into a nonprofit mutual benefit association, and in its relations with competitors, as well as the Federal Trade Commission (by way of both compliance and response to legal process). For individual physicians we have counseled on and litigated a variety of issues including malpractice defense, Medical Board issues, discrimination, constitutional rights, and business relations.
I have also drafted proposed amendments to statutes relating to physicians, California Medical Association (CMA) resolutions, and posted substantive and critical comments on current issues. Some of these efforts appear on the current issues page of this website. I have also explored the role of arbitration in peer review, in a work-in-progress: “The Case of the Missing Arbitrators — fixing peer review.” An abbreviated text of the article that Dr. Mileikowsky and I wrote about protecting physicians from retaliation may be found at the end of this section.