Health Care

Wyche has provided health care law counseling in addition to providing a full range of representation to hospitals, physicians, and other health care providers for over forty years. Our health care practice has included advice on certificate of need, licensing, medical staff, peer review, physician employment, patient care, and other issues, in addition to representation of health care providers in a wide range of litigation and corporate finance matters.

A sampling of the numerous certificate of need matters we have handled for clients includes the following:

  • Representation of a hospital seeking to add beds at a remote emergency room location over 20 miles from the location of its main hospital. We assisted our client in all phases of this project:

    -- in obtaining DHEC’s approval of the application;

    -- in a four-week contested case hearing, after which the administrative law judge affirmed DHEC’s decision to grant the requested certificate of need; and,

    -- in responding to the appeal to the South Carolina Court of Appeals.

Ultimately, the opposing hospital withdrew its appeal, and our client obtained its certificate of need.

  • Representation of a hospital opposing a major hospital’s application for a certificate of need to add beds. We represented our client at the public hearing and at a DHEC project review of the application that was opposed.
  • Representation of a hospital seeking to transfer beds from one hospital to another and simultaneously add beds at the transferring hospital. We assisted our client in obtaining DHEC’s approval of this application.
  • Representation of hospitals seeking a certificate of need for open heart surgery. Our client obtained the certificate of need.
  • Representation of a hospital seeking a certificate of need to offer radiation therapy. We assisted our client in obtaining DHEC’s approval of its application in a lengthy contested case hearing before the Administrative Law Court, in which the ALC reversed DHEC’s decision, and in a hearing before the DHEC Board which reversed the ALC’s decision and issued the requested certificate of need.
  • Representation of a hospital seeking approval for a major bed addition to its hospital. We assisted the hospital in obtaining DHEC’s approval for the addition.
  • Representation of a hospital seeking to add obstetrics and build a new women’s hospital. We assisted our client in obtaining DHEC’s approval, in a lengthy contested case hearing at which the hearing officer affirmed DHEC’s approval, and before the DHEC Board which also affirmed DHEC’s approval.

In addition to assisting health care providers obtain and/or oppose certificates of need, we have assisted them in commenting on the South Carolina State Health Plan and in obtaining approval of proposed revisions to the State Health Plan and DHEC’s health care regulations.

Our health care litigation practice (outside of contested case hearings) has included a wide range of matters, such as:

  • Representation of relators and claimants in a False Claim Act and whistleblower lawsuit for Medicare fraud and retaliation against state university and physician practice group. The United States Department of Justice joined on our clients' behalf. Our client obtained the largest health care settlement at that time involving the U.S. Attorney’s office in South Carolina and a multimillion dollar award of attorneys’ fees and costs.
  • Defense of major pharmaceutical companies in product liability actions. There have been no adverse verdicts in any of these actions.
  • Representation of plaintiffs in a lawsuit to block the transfer of hospitals and major clinical facilities of a state university to a for-profit corporation. The lawsuit succeeded in stopping the transfer.
  • Representation of a coalition of hospitals and others in opposition to a proposed merger of three large hospitals. This matter involved participation on numerous fronts including: representation in litigation involving the legality of the merger; appearing before county council members considering the merger; successfully obtaining a public referendum regarding the merger; successfully seeking FTC investigation of the merger; and providing advice regarding a public relations campaign against the merger. After the merger was rejected in a public referendum, the proponents of the merger abandoned their plan.
  • Representation of plaintiffs in a successful lawsuit to unseal records involving disciplinary action against a physician.
  • Representation of an insured against a health insurance company for payment of benefits. This case was settled for full payment of benefits.
  • Defense of a hospital in a case brought by DHEC challenging the hospital’s right to provide dialysis services. The court ruled against DHEC after a hearing on the merits.
  • Representation of a physician in a lawsuit against a physician group which terminated the physician, involving compensation and medical record access issues. After extensive discovery, this matter was settled favorably to our client.
  • Defense of a hospital sued by a visitor who had an accident while visiting the hospital.
  • Representation of hospitals and medical staff in federal and state court in connection with revocation or limitation of physician privileges including obtaining the affirmation of the South Carolina Supreme Court in a limitation of privileges case.
  • Representation of a hospital in state court litigation relating to an insurance reimbursement matter. We obtained summary judgment in favor of our hospital client.