Mr. Whiting began his legal career at what was then the world’s largest law firm learning to defend physicians and hospitals in medical negligence cases. His expansion of his health care practice has allowed him to serve as litigation, external, special, & general counsel to a wide variety of health care entities, including:
- Public, private, & faith based individual hospitals & multi-hospital systems
- Ambulatory, surgery, & urgent care centers
- Nursing homes, long-term care facilities, home health agencies, clinical laboratories, & continuing care retirement communities
- Medical professional multi-specialty practice groups, organizations, & associations
- Individual medical practitioners
- Insurance companies
- Durable medical equipment suppliers, medical device manufacturers, & pharmaceutical manufacturers
He counsels health care clients on a broad spectrum of issues, including:
- General liability
- Labor
- Risk management
- Disciplinary hearings
- HIPAA & other privacy laws
- Privileges & physician recruitment
- Patient transfers
- Insurance coverage
- Compliance plans
- Medicare & Medicaid reimbursement
- Certificates of Need
- Lobbying
Risk & Litigation Management
With permission from the STET, Mr. Whiting served as the interim general counsel for Mercy Hospital a near south side Chicago hospital. In this role, he:
- Developed & managed a comprehensive risk management program significantly reducing malpractice & general liability costs
- Coordinated defense strategy between management & outside counsel to achieve hospital business goals
- Maintained a comprehensive potential litigation database identifying claims prior to filing
- Represented the hospital in medical & other negligence claims, as well as breach of contract, insurance coverage, & employment claims
- Provided counsel in medical staff disputes & negotiations
- Reviewed & resolved adverse claims by insurers & Illinois Department of Professional Regulation
Regulatory/Compliance & Licensing
Mr. Whiting routinely advises health care clients on operational, managerial, & governance issues. His representation includes providing advice to governing boards concerning regulatory & licensure issues, bylaws, & compliance matters.
Examples of Mr. Whiting’s representation include:
- His successful defense of a national managed care company that constructed, opened, and operated a large surgery center prior to obtaining the appropriate state licensure by persuading the State of Illinois Department of Professional Regulation to grant the company an operating license and towaive a significant fine.
- Obtaining large care reimbursements from the state of Illinois on behalf of hospital clients.
Navigating the Certificate of Need Processes
Mr. Whiting has negotiated the complex Certificate of Need process, and he guides clients through the regulatory process governing licensing & certification deficiencies.
Litigation/General Liability
Mr. Whiting provides a range of general & specialized litigation services for health care clients including, but not limited to defense of medical & other negligence actions as well as government investigations. Below are examples of his work:
- Represent a hospital located on the far south side of Chicago in several medical negligence actions for injuries ranging from necrosis of a finger, allegedly resulting from negligent emergency room treatment, to death, allegedly resulting from negligence during a nursing/physician shift change.
- Successfully obtained summary judgment on behalf of a religious based multi-hospital system hospital in a premises liability action brought by a surgeon severely injured in a fall in one of the system’s hospitals.
- Successfully represented dozens of physicians insured by the Illinois State Mutual Insurance Company in medical negligence actions with injuries ranging from urinary tract infections, to amputations, to death.
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