Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Monica Frois is a shareholder in the Firm's New Orleans office and concentrates her practice on health care matters as well as complex litigation, insurance coverage, legal ethics and professional responsibility litigation. Ms. Frois represents health care systems, behavioral health systems, hospital service districts, hospitals, physicians, dentists, medical groups, staffing agencies, long term care institutions, home health care providers, Medicare advantage companies and numerous other health care providers on operational, compliance, regulatory and transactional issues and a wide variety of litigation. With four years of service on the Hearing Committee for the Louisiana Attorney Disciplinary Board – 2004 to 2008 – she brings extensive experience dealing with attorney disciplinary matters, legal malpractice and professional liability. Ms. Frois has tried numerous cases, with over 40 reported decisions in both state and federal jurisdictions. Ms. Frois also has extensive appellate advocacy experience and has appeared before the Louisiana Supreme Court and every Louisiana Appellate Circuit Court except one. Ms. Frois has handled appellate matters involving constitutional issues, class actions, medical malpractice, health care, insurance, property and casualty. Many of these cases have involved issues of first impression in Louisiana.
Ms. Frois was appointed by the president of the Louisiana State Bar Association to serve on the Medical/Legal Interprofessional Committee of the Louisiana State Medical Society and Louisiana State Bar Association, a role which merged her experience representing the health care and legal industries. She is a Fellow in the Louisiana Bar Foundation and was selected for membership in the International Association of Defense Counsel, an invitation-only professional association comprised of the top corporate and insurance defense lawyers around the world. She has held several IADC committee offices. Ms. Frois was recently selected to become a member of the Council on Litigation Management, which is an alliance of corporations, law firms and service providers committed to furthering the highest standards of litigation management.
Ms. Frois is one of only 50 attorneys in New Orleans selected for induction into the New Orleans CityBusiness Leadership in Law Class of 2009, and New Orleans magazine lists her as one of the Top Lawyers of 2007-2011. Ms. Frois was included in Louisiana Super Lawyers 2010 and was one of only five attorneys in the state recognized in the area of Health Care Law. She was recognized by Super Lawyers again in 2011 through 2015, and is listed among the top 50 attorneys and top 25 female attorneys in Louisiana. She was also recognized by New Orleans CityBusiness as a 2010 Woman of the Year. This award recognizes 50 women who have helped moved the region forward with energy, innovative ideas, achievements and commitment to excellence. She has been recognized as one of Woodward White's Best Lawyers in America® in Health Care Law, Insurance Law, and Medical Malpractice Law and is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.
Recent Representative Matters
Extensive representation of physicians, nurses and all types of providers in licensing board matters.
Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory matters.
Provided Health Care Reform Act (HCRA) counsel to various industries.
Provided pro bono assistance to the Animal Legal Defense Fund (ALDF) in securing the release of a Siberian-Bengal tiger, "Tony the Truck Stop Tiger," confined as a roadside exhibit at a Louisiana truck stop for more than ten years. A permanent injunction was granted against the Louisiana Department of Wildlife and Fisheries preventing them from renewing the truck stop owner's annual permit.
Obtained a "zero" jury verdict after a six-week jury trial in the 15th Judicial District Court for the Parish of Lafayette in a brain damaged baby case valued by plaintiffs at $26-$40 million.
Gave compliance advice on the Health Insurance Portability and Accountability Act (HIPAA).
Handled the seminal case finding that negligent credentialing claims are subject to the limitation of liability available under the Medical Malpractice Act.
Obtained summary judgment in $26 million medical staff credentialing matter brought by disruptive physician.
Gave compliance advice to providers on fraud and abuse anti-kickback statute and physician self-referral (Stark) law compliance.
Prepared hospital bylaws, medical rules and regulations and fair hearing plan.
Represented numerous hospital systems throughout Louisiana in blood product class action litigation.
Represented an international health care provider in resolving Hurricane Katrina claims throughout the Gulf region.
Represented a national entertainment company in resolving Katrina claims for all statewide franchises.
Represented providers in Recovery Audit Contractor (RAC) audit matters.
Represented insurer in multi-million dollar professional liability matter relating to a default judgment.
Counseled in formation of medical practice for providers returning to Louisiana post-Katrina.
Prepared disaster management policies and procedures for health care institutions.
Represented providers in reimbursement and appeals.
Represented a major hospital system in termination of all contracts related to force majeure issues.
Represented providers and health care systems in medical staff disputes.
Represented providers in HIPAA, HITECH and privacy litigation.