Law Offices of
Theresa J. Barta

The following are some representative cases that Theresa Barta has handled:

A psychiatrist was terminated by his employer after he failed to heed memos regarding his prescribing practices. Although the employing medical group claimed that the doctor's employment contract was not renewed for financial reasons, the jury believed that the medical group had wrongfully terminated the doctor and awarded him more than $1.6 million in damages. The jury also found that punitive damages were appropriate.

Representation of a physician who was sued in a case involving a partnership dispute. Specifically, the case involved claims for breach of fiduciary duty, matters relating to business loans and distribution of profits, and fraud.

A doctor with a growing urgent care practice had his Participating Provider Contract terminated by Blue Cross after he challenged the insurer's claims that he was providing services that were "not medically necessary." The case involves application of Bus.& Prof. Code Section 2056, which specifically protects physicians from retaliation when they advocate for better patient care.

Representation of a surgeon who was censured and placed on probation by a hospital, because of a biased peer review of his cases.

A physician partner/owner of a medical group wanted to open his own medical practice, but was restricted when the medical group attempted to enforce a non-compete clause in his partnership agreement. Without having to litigate the matter, an exit from the partnership and the opening of the doctor's new office was negotiated.

After being profiled as an "outlier" by an HMO, because his patients were older and in need of multiple preventive and curative medications and treatments, a doctor's contract with an IPA (an Independent Physicians Association) was terminated without cause.

A surgeon who chose not to contract with HMOs, but provided emergency care to HMO patients as part of his on-call status at a hospital, was sued after he refused to accept only partial payment from the HMO.

-- There are many nuances in the law that apply only to physicians, and many times physicians themselves are not aware of the laws that protect them. For example, California Bus. & Prof. Code Section 2056 applies only to physicians and surgeons and protects them from being penalized or retaliated against by their employers, medical groups, HMOs, insurers and others. Physicians are also entitled to due process before actions can be taken against them that could interfere with their medical practice and livelihood. There are also specific laws and procedures that govern peer review of physicians at hospitals as well as almost all other areas of a physician's practice (e.g., patient care, contracting with insurers, privileges at hospitals and medical facilities.)

The representation of physicians is a unique and specialized area, and many times physicians, and even the attorneys who know them, do not have the expertise and knowledge that is necessary to represent their best interests -- Theresa Barta does.