Lori is a litigator who focuses her practice on disputes involving health care providers and health care-related entities. One significant part of her practice involves peer review, credentialing, and medical staff matters in both a counseling and litigating role. Another focus of her practice is representation of long-term care and senior housing providers in civil litigation, including cases involving claims of elder and dependent adult abuse, elopement, wrongful death, false advertising, and breach of contract, and in administrative investigations and hearings involving regulatory agencies. Lori has also represented hospitals, pharmaceutical companies, medical device manufacturers, senior care providers, and other health care providers in various civil and administrative proceedings.
Representative Work
Successfully represented a skilled nursing facility in an appeal of a decision by TRICARE to deny and recoup payment for more than a year of skilled nursing care charges.
Successfully represented an organized medical staff in fair hearing proceedings involving medical staff members challenging proposed disciplinary actions.
Successfully litigated an indemnity action against joint tortfeasors in a personal injury action.
Publications
"Enforcing Arbitration Agreements: California Supreme Court Expands Enforceability of Arbitration Agreements in Healthcare Context," California Assisted Living Association Bulletin (October 2010)
"Litigation Basics: Surviving the Dreaded Deposition," California Assisted Living Association Bulletin (February 2010)
"Litigation Basics: What To Do When You Are Sued - ACT," California Assisted Living Association Bulletin (August 2009)
"Bill Would Alter Legal Landscape for Nursing Home Arbitration Agreements," Nursing Home Litigation Reporter (September 2008)
"Motion Practice Strategies—Pre-trial Methods for Limiting Plaintiff's Claims, Evidence, and Damages," DRI Nursing Home/ALF Litigation Seminar (September 2006)
"Staffing Evidence—State and Federal Guidelines, Plaintiffs' Theories, Causation and Defending Sufficiency of Staffing in the Facility," co-author, DRI Nursing Home/ ALF Litigation Seminar (September 2005)
"Court of Appeals Enforces Health Care Arbitration Agreement," co-author, Client Alert, Fulbright & Jaworski L.L.P. (January 2005)
"Closing Arguments of the Defense in Nursing Home Cases—Themes that Work," co-author, DRI Long-Term Care Liability Defense Symposium (May 2001)
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Presentations
End-of-Life Planning in Health Care Reform Era, co-speaker, Aging Services of California DON Certificate Program Webinar (January 2012)
Elder Abuse: Risks, Prevention, and Response, CALA Fall Conference and Trade Show (October 2011)
Dealing with Disruptive Physicians, co-presenter, CAMSS Bay Area Chapter (October 2011)
Elder Justice Act of 2009, Delta Chapter of CAHF (October 2011)
Physician Behavior Contracts, California Association Medical Staff Services, Bay Area Chapter (June 2011)
SB 700: New Reporting and Other Requirements Medical Staffs Face Under the New Law, California Association Medical Staff Services, Bay Area Chapter (April 2011)
SB 700: New Reporting and Other Requirements Medical Staffs Face Under the New Law, California Association Medical Staff Services, Yosemite Chapter (April 2011)
SB 700 and Its Implications for Your Medical Staff, California Association Medical Staff Services, Mid-Valley Chapter (February 2011)
The Elder Justice Act of 2009, California Association of Health Facilities, Sacramento Chapter (February 2011)
How Health Care Reform May Impact Medical Staff, California Association Medical Staff Services, Mid-Valley Chapter (November 2010)
Elder Abuse: Do You Really Understand the Risks?, California Association of Adult Day Services Annual Conference (November 2010)
Elder Justice Act, American Health Lawyers Association webinar (November 2010)
Recent Developments in Alternative Dispute Resolution: Are your arbitration agreements ironclad?, Association of Corporate Counsel, Sacramento Chapter (September 2010)
Medical Staff Legal and Regulatory Update, CAMSS Mid-Valley Chapter Seminar (September 2010)
Elder Abuse: Do You Really Understand the Risks?, CAADS Spring Conference (May 2010)
What To Do When You Anticipate or Receive a Lawsuit, CAHF DD Symposium (May 2010)
Staying Away from the Courthouse: Tips for Avoiding Resident Lawsuits, California Association of Health Facilities (January, March, June 2010)
EMTALA: Key Issues Emergency Departments and On-Call Physicians Face, Schwartz/Levy Inn of Court (March 2010)
Responding to Incidents at Long-term Care Facilities, California Association of Health Facilities Spring Conference (April 2008)
Successful Motion Practice Strategies—Pre-trial Methods for Limiting Plaintiff's Claims, Evidence, and Damages, DRI Nursing Home/ALF Litigation Seminar (September 2006)
Lessons From The Battlefield—An Advanced Course For Nursing Home Self-Defense, Arkansas Health Care Association (April 2002)
Practical Considerations for Nursing Facility Litigation, Texas Health Care Association (April 2001)
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Honors
Northern California Super Lawyers (2011)