Elaine M. Michaud, Esq. Shareholder Manchester, NH For more than 20 years, I have worked with healthcare providers as they face the ever-changing legal and regulatory landscapes. My experience in providing counseling and litigation services has helped me develop a comprehensive understanding of the healthcare industry, ranging from administrative and regulatory obligations to institutional policies and patient care standards. CONTACT INFORMATION (603) 695-8546 emichaud@devinemillimet.com PRACTICE AREAS Dispute Resolution & Litigation Healthcare Hospitals Long-Term Care Facilities Medicaid-Funded Agencies Physician Practices Insurance Defense Municipal Liability Regulatory Compliance Regulatory Compliance for Businesses BAR ADMISSIONS Maine Massachusetts New Hampshire EDUCATION University of Maine School of Law, JD, 1993 Dartmouth College, BA, 1988 In my counseling role, I represent hospitals, rehabilitation and longterm care facilities, physician practices, and individual providers in the areas of risk management, regulatory compliance, medical staff affairs, credentialing, peer review and quality assurance. I work with organizations in the development of by-laws, policies, quality management plans, and department protocols. I also provide legal support to the medical staff leadership in their oversight of physicians and allied-health professionals, addressing matters such as staff governance, credentialing, and disciplinary actions. In the litigation arena, I represent healthcare providers in the defense of medical malpractice claims, as well as in administrative investigations and disciplinary proceedings initiated by State licensing boards. I frequently present seminars to medical professionals and administrators on a wide range of topics affecting healthcare providers and institutions. I enjoy traveling the world, and the opportunity to visit numerous countries throughout Asia, Africa, and Europe and experience wonderfully different cultures has been incredibly rewarding. When I am home in New Hampshire, you will find me enjoying the outdoor activities our state has to offer. I have always believed it is important to give back to our community and regularly serve on the boards of non-profit organizations. I currently serve on the City of Manchester s Board of Health. Affiliations & Awards AV Preeminent peer rating by Martindale-Hubbell Named Manchester Lawyer of the Year for 2015 in the area of Medical Malpractice Law - Defendants by Best Lawyers in America Selected by peers for inclusion in The Best Lawyers in America since 2012 in the practice areas of: Litigation, Health Care, and Medical Malpractice Law - Defendants Named a Super Lawyer for Health Care since 2012 Recognized and ranked since 2008 in Chambers USA as one of America s leading attorneys in General Commercial Litigation. Selected by the Business Industry Association of New Hampshire and the Union Leader, a newspaper of statewide circulation, as one of New Hampshire s 40 Under Forty, a group of 40 men and women in New Hampshire recognized as young leaders making New Hampshire better based upon their commitment and contribution to the community.
Named as a Top Attorney in the state of New Hampshire by Business NH Magazine, 2010 American Health Lawyers Association, 2006 - present American Society for Healthcare Risk Management, 2008 - present New England Society for Healthcare Risk Management, 2005 - present New Hampshire Bar Association Committee on Professionalism, 2002-2009 Defense Research Institute, 1994-Present New Hampshire Bar Association New Lawyers Committee, 1993-1998 Daniel Webster American Inns of Court, 1994-96 Representative Clients Catholic Medical Center, Crotched Mountain Rehabilitation Center, Dartmouth Hitchcock Medical Center, Northeast Rehabilitation Hospital, Healthsouth Rehabilitation Hospital Speaking Engagements Health, Society, and the Practitioner, presented to interdisciplinary class of final-year students of Dartmouth Medical School, Colby Sawyer Nursing Program, and Franklin Pierce College Allied Health Practitioner Program, February 19 and 26, 2015. Legal Issues in Nursing, presented to Keene State College Nursing Program, May 28, 2014. Medical Malpractice: Limiting Risk Through Documentation, presented to Case Management Society of New England Annual Meeting & Educational Forum, October 3, 2013. Legal and Regulatory Obligations for Nurses, presented to Keene State College Nursing Program, May 22, 2013. Professional Liability Issues in Nursing, presented to Keene State College Nursing Program, May 18, 2012 and University of New Hampshire Graduate Nursing Program, June 21, 2012. Limiting Malpractice Risk of the Physician Assistant. Presented to the NH Society of Physician Assistants, October 21, 2011. Disclosure of Medical Errors, New England Society of Heathcare Risk manager, November 3, 2011 Negligent Credentialing in New Hampshire. Presented to the NH Association of Medical Staff Support Services, September 16, 2011. Service Animals/HIPAA and Law Enforcement/Disclosure of Medical Errors/To Treat or Not to Treat. Presented to the New England Alliance for Healthcare, June 1, 2011. Nursing Legal Issues. UNH graduate nursing program, April 25, 27, 2011; June 24, 2011. Anatomy of a Malpractice Action. Hospital Medical Staff, April 5, 2011. Disclosure of Medical Errors. Presented to healthcare administrators and clinicians at Patient Safety: Saved by Zero Conference, November 2, 2010. Permissible Delegation by Nurses in the School Setting. Presented to New Hampshire School Nurses Association; October 15, 2010.
To Treat or Not to Treat: Providers Legal Dilemmas in Patient Care Decisions. Presented to Northern New England Society of Risk Managers; June 15, 2010 Effective Policy & Procedure Writing: Avoiding Pitfalls. Presented to New England Society of Healthcare Risk Managers; May 2-4, 2010, Annual Meeting Limiting Nursing Liability. Presented to University of New Hampshire graduate nursing program; April 26, 2010 Legal Issues in School Nursing. Presented to New Hampshire School Nurses Association; April 9, 2010 Occurrence Reports and Hospital Investigations. Presented to New England Alliance for Healthcare; March 26, 2010 EMTALA. Presented to New England Alliance for Healthcare, March 26, 2010 HIPAA Compliance in the Radiology Setting. Presented to CMC Section of Radiology, December 9, 2009. Behavioral Issues in Today s Healthcare Environment with a Focus on the Disruptive Physician. Presented to the New England Alliance for Healthcare; September 23, 2009. Patient Terminations in the Office Setting. Presented to New England Alliance for Healthcare, September 23, 2009. The Paralegal s Guide to Obtaining and Organizing Medical Records for Review. Live Webcast through the Institute of Paralegal Education; September 2, 2009. Narcotics Contracts. Presented to Pine Tree Risk Retention Group; May 22, 2009. Communication, Documentation, and Potential Liability in the Long Term Care Setting. Presented to NH Health Care Association; May 21, 2009. House Bill 438 and Its Impact on Proof in the Medical Malpractice Case. Presented to Insurance Adjusters Association; April 29, 2009. The Paralegal s Guide to Proficient Medical Records Translation. Institute of Paralegal Education; March 24, 2009. Limiting Liability Risk in the Use of Electronic Medical Records. Presented to nursing staff; January 29, 2009. Limiting Liability in the Medical Office Setting. Presented to Physician Practices Office Staff; July 31, 2008. Professional Liability Issues in Nursing. Presented to University of New Hampshire Graduate Nursing Students; February 3, 2008 Negligent Credentialing Issues in New Hampshire. Presented to New Hampshire Association of Medical Staff Services; September 7, 2007 New Hampshire s Medical Malpractice Screening Panel. Presented to New Hampshire Insurance Adjusters; July 19, 2007 Reduction and Management of Physician-Based Risk. Presented to Pine Tree Insurance, a Reciprocal Risk Retention Group of Maine Hospitals; April 27, 2007
Trends in Medical Malpractice. Presented to Northern New England Society of Health Risk Management; November 21, 2005 Healthcare in the Law. Presented to Granite State Chapter of Medical Transcriptionists; November 5, 2005 Medical Evidence in New Hampshire Court: Your Guide to Effective Use. Continuing Legal Education, National Business Institute; February 25, 2004 Pitfall Prevention and Risk Management of the Employed Physician. Presented to Northern New England Society of Health Risk Management; September 27, 2004 Personal Injury Law & Practice. New Hampshire Bar Association Continuing Legal Education Program; March 21, 2003 HIPAA Privacy Issues. New Hampshire Healthcare Association; March 26, 2003 Legal Implications of Nursing Practice in New Hampshire. Presented to Nursing Professionals and Administrators; Lorman Education Services; March 27, 2003 Strategies for Testifying. Presented at Northeast Association of Occupational Health Nurses 2003 Conference; June 5, 2003 Lorman Education Services; August 15, 2003 Medical Malpractice. Presented at New Hampshire Adjuster s Association Annual Conference; October 16, 2003 Legal Implications of Nursing Practice in New Hampshire. Presented to Nursing Professionals and Administrators; Lorman Education Services; March 12, 2002 Behavioral Issues in Today s Healthcare Environment. Catholic Medical Center Grand Rounds Lecture Series; April 17, 2002 Lorman Education Services; August 22, 2002 Medical Staff Issues and Risk Management. Presented to Northern New England Society of Health Risk Management; June 22, 2001 Advanced Civil Discovery for the Litigation Paralegal in New Hampshire. Institute for Paralegal Education; July 24, 2001 Lorman Education Services; August 24, 2001 Medical Records for New Hampshire Attorneys. Continuing Legal Education; National Business Institute; October 30, 2001 Malpractice, Negligent Credentialing & Poor Communication. Optima Health Postgraduate Seminar; March 8-9, 2000
Peer-Review from a Northeast Perspective. Presented at the 10th Annual New England Healthcare Risk Management Conference; May 2, 2000 Litigation Case Management for the New Hampshire Paralegal. Institute for Paralegal Education; July 27, 2000 Successful Handling of Wrongful Death Cases in New Hampshire. Continuing Legal Education Seminar; Lorman Education Services; October 19, 1999 Drug Diversion and Its Impact on Medical Malpractice Liability. Presented to Northern New England Society for Health Risk Management; August, 1998 Publications Professionalism: Making a Personal Commitment. New Hampshire Bar Journal, Vol. 13, No. 18, March 21, 2003. Community Involvement City of Manchester Health Department, Board of Health, 2012 - present Aquinas at Dartmouth, Board of Trustees, 2007 - present Friends of CHaD (Children s Hospital at Dartmouth) South, Board of Directors, 2009-2013 The Mental Health Center of Greater Manchester, Board of Directors, 2007-2013 Greater Manchester Chapter of the American Red Cross, Board of Directors, 2007-2011 New Hampshire Catholic Charities Incorporator, 2003-2009 Manchester Chamber of Commerce, Leadership Steering Committee, 2001-2009 University of Maine School of Law Alumni Board of Trustees, 2003-2008 University of Maine School of Law Foundation for the Future, New Hampshire Committee, 2003 Heritage United Way, Account Executive, 2001-2003 Dartmouth Alumni Association of Manchester, President, 1996-2001, Vice-President, 1993-1995 Friends of the Manchester Animal Shelter, 1997-2001; Board of Trustees, 1997-2000, Volunteer Coordinator, 1997-1999 New Hampshire Bar Association New Lawyers Committee, 1993-1998 Daniel Webster American Inns of Court, 1994-1996 American Cancer Society, New Hampshire Board of Directors, 1994-96 Hillsborough County Service and Rehabilitation Chairperson, 1994-1996 Dartmouth College Rugby Board of Governors, 1992-2000