Health Law Practice
Jardine, Logan & O’Brien represents health care providers in Minnesota, Wisconsin and Iowa, meeting the needs of regional and national self-insured and insurance defense clients. We provide comprehensive professional liability defense services to health care providers and organizations including:
- Health care professionals, such as: physicians, nurses, dentists, chiropractors, counselors, pharmacists, physical therapists, psychologists, social workers, veterinarians, and administrators
- Hospitals and clinics
- Urgent care / Acute care facilities
- Long term care facilities
- Assisted living and home care facilities
- Residential and day treatment programs
- Chemical dependency programs
- Group homes
We represent health care professionals and medical facilities on a broad range of health care related legal services, including:
- Defense on medical negligence/professional liability claims
- Representation in licensing, disciplinary, and regulatory proceedings
- Defense on claims of sexual abuse, physical abuse, and boundary issues
- Representation on drug and medical product liability cases
- Consultation and representation on employment-matters
Professional Liability Defense. When claims of medical negligence arise, our experienced attorneys protect the interests and defend the rights of doctors and other health care professionals, as well as clinics and other medical facilities in state and federal courts throughout Minnesota, Wisconsin and Iowa. When defending our clients, we use our knowledge and experience to provide them the strongest possible representation. The Health Law team, led by our experienced nurse attorneys, has significant trial experience in the full scope of professional liability claims.
Licensing, Disciplinary, and Regulatory Proceedings. Jardine, Logan & O’Brien attorneys represent health care professionals and corporate health care clients in disciplinary and administrative proceedings before state licensing boards, and departments of health and human services.
Our philosophy is to take a proactive approach to minimize the potential negative impact of adverse disciplinary or licensing findings. To reduce the impact, we strive to be involved early with the process to assist our clients to ensure that the appropriate parties are provided with accurate and complete information.
We provide representation before licensing and regulatory agencies on all phases of the administrative process, at hearings and on post-hearing appeals. We have handled administrative law matters that include:
- Practicing outside scope of licensure
- Failure to follow polices and procedures
- Failure to adhere to professional boundaries
- Medication errors
- Diversion of drugs
- Mental and physical impairment
- HIPAA violations
- Delegation and supervision issues
- Neglect and abuse determinations
Health Law Consulting. Our Health Law attorneys consult with clients on issues related to specific health care practices and policies and patient care, as well as patient complaints and other human resource matters of concern. We are experienced in assisting health care providers to achieve effective and appropriate risk management strategies by:
- Performing internal investigations and risk management assessments and consultations
- Providing in-service education on a variety of medical legal topics
- Developing in-house policies and procedures that comply with state and federal laws and regulations
Our attorneys also help clients address the unique employment issues found in health care settings, facilitating achievement of institution and employee-related goals while reducing risks of litigation for clients.
- Peller v. Harris, 464 N.W.2d 590 (Minn. Ct. App. 1991). Successfully defended resident psychiatrist on claims of medical negligence by patient at medical center.
- C.A.U. v. R.L., 438 N.W.2d 441 (Minn. Ct. App. 1989). Obtained summary judgment dismissal of plaintiff’s personal injury claims related to HIV infection.
- Utick v. Center for Alcohol and Drug Treatment, et. al., No. 04-3052 (D. Minn. 2006). Obtained summary judgment dismissal of medical negligence claims.
- D.R.W. v. State Dept. of Health, No. C5-01-526 (Minn. Ct. App. Oct. 9, 2001). Obtained reversal of Minnesota Department of Health determination of neglect against registered nurse.
- Buck v. St. Paul Ramsey Med. Ctr., No. C4-95-355 (Minn. Ct. App. Nov. 5, 1996). Affirmed defense jury verdict in favor of medical center, resulting in dismissal of medical negligence and health care related claims.
- In the Appeal of Elizabeth Wicklund, Docket No. 133002, Decision of State Agency on Appeal (Minn. Dept. Human Serv., Oct. 2, 2012). Successfully represented nurse on licensure and administrative appeal of neglect determination by Minnesota Department of Human Services (MDHS) (neglect determination reversed).
- In the Appeal of Jennifer Henely, Docket No. 109383, Decision of State Agency on Appeal (Minn. Dept. Human Serv., Oct. 26, 2009); Henely vs. Mount Olivet Rolling Acres, Inc., No. 10-CV-09-1190 (Carver Cty Nov. 6, 2009). Successfully represented health care aide on administrative appeal of neglect determination by MDHS (neglect determination reversed) and on civil claim for indemnification.
- Marlene S. Garvis, What’s New in Health Law – Some Surprises in 2006, JLO Legal Ease, Winter 2006.
- Marlene S. Garvis & Janet E. Michael, Insurance Issues, Bus. and Legal Guidebook for Nurse Practitioners TANAA 2005.
We are actively involved in state and national organizations that focus on the medical-legal issues facing the health care and long term care industry today, and present at continuing education conferences. Our Health Law team includes two nurse attorneys who are also adjunct professors at Hamline University School of Law in its Health Law Institute. Our health law attorneys are actively involved in the following:
American Association of Nurse-Attorneys, American Bar Association-Health Law Section, American Health Lawyers Association, Federal Bar Association-Health Law Section, Iowa Bar Association-Health Law Council, Minnesota Defense Lawyers Association Medical Liability Committee, Minnesota Defense Lawyers Association Long Term Care Committee, Minnesota Society of Health Risk Management, University of Minnesota School of Nursing, Adjunct Professor, The Long Term Care Risk Forum.