Health Care Law: It’s Not Exactly What You Expected … It’s Better

When I tell people that I practice health care law, their initial thought is that I must represent doctors or patients in medical malpractice actions. Most people are surprised to find out that medical malpractice litigation is only a relatively small part of the “health care law” universe. Rather, health care law is a much larger and more diverse practice area than one might expect, and it affords young lawyers a wealth of opportunities to broaden their legal skills.

Health care law is unique, as it essentially encompasses advising and representing clients regarding any law, rule or regulation that impacts the health care industry. The health care industry, which accounts for approximately 17% of the US GDP, is comprised of a large variety of entities, including hospitals, health systems, private and public insurers, pharmaceutical companies, medical device manufacturers and individual practitioners—just to name a few. The sheer size of the health care industry affords health care attorneys the opportunity to practice in a number of different areas, whether that be regulatory compliance, transactional or litigation. Even within each general area of practice, the variety of issues that arise can touch upon almost every area of law: contract law, business corporations and nonprofit law, employment and labor law, tort law, administrative law and tax law.

Practicing health care law requires you to be involved with almost all aspects of a client’s business. While many attorneys often exclusively practice in either the transactional or litigation worlds, a health care attorney may be required to have some facility with both. Thus, a health care attorney may be involved with a client’s transaction, as well as with post-transaction disputes and with litigation that involves complex business and legal issues. Once you factor in the regulatory compliance and operational advice that health care clients need on a daily basis, you will find yourself advising clients at all stages of business planning and operations.

The day-to-day work of a health care attorney is very seldom the same. In the morning, you could be assisting a client with operational and governance issues related to risk management policies and procedures. After lunch, you may find yourself preparing for a trial or administrative hearing. The next day, you may start off reviewing proposed employment agreements between a hospital and physician, and end the day by working with your client to analyze a proposed acquisition. 

Health care law is a surprisingly rich field, which offers a variety of opportunities to young lawyers. As you seek to develop your practice, you may want to consider the field of health care law and the opportunity it presents for professional growth.

—Walt Cartin, Partner, Parker Poe Adams & Bernstein LLP

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