Bryan J. Davis, Attorney at Law, LLC

Aggressive and Experienced Trial Lawyer
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Healthcare Legal Practice Areas

Healthcare Fraud & Abuse Defense

Bryan represents providers in government investigations into Medicare/Medicaid fraud under the federal False Claims Act, New Mexico Medicaid Fraud Act, and Medicaid False Claims Act. Bryan has helped numerous healthcare providers navigate these often contentious and difficult investigations and litigation drawing on his twenty years of experience in this area and cultivated relationships with key government officials. Bryan has obtained for his provider clients through negotiation and litigation many favorable settlements with the New Mexico Medicaid Fraud Unit, many involving no repayment and no admission of wrongdoing. Bryan has also litigated successfully against the Medicaid Fraud unit, including the dismissal of a putative $17,000,000 Medicaid Fraud Act claim brought against a provider of in-home assisted care services. The dismissal of the Medicaid Fraud Unit’s case was affirmed on appeal to the New Mexico Court of Appeals, and the Medicaid Fraud Unit withdrew its petition for certiorari to the New Mexico Supreme Court.

Medicaid Provider Contract and Payment Suspension Litigation

Bryan represents Medicaid providers in contract and Medicaid payment disputes with the New Mexico Human Services Department and New Mexico Department of Health. Bryan has been co-lead counsel for over twenty Medicaid providers in Medicaid payment suspension proceedings in state and federal court as well as administrative proceedings before the New Mexico Human Services Department’s Fair Hearings Bureau. He has helped his clients recover in excess of $14,000,000 since 2018, including a landmark $10,000,000 settlement in 2019 against the State of New Mexico Human Services Department in connection with the Department’s suspension of fifteen behavioral healthcare providers’ Medicaid payments based upon “credible allegations of fraud.” Bryan was asked to testify as an expert on Medicaid payment suspensions by the sponsoring senator of the 2020 amendments to the New Mexico Medicaid Provider Act, which implemented significant due process safeguards for providers to prevent future catastrophic interruptions to the State’s behavioral healthcare system.

Physician/Hospital Peer Review Disputes

Bryan represents physicians and other healthcare providers in internal facility peer review proceedings and in court to clear them of alleged wrongdoing, salvage their careers, and obtain compensation for damage that wrongful peer review actions and adverse action reports to state licensing boards and the National Practitioner Data Bank has caused them. Bryan has obtained millions of dollars in confidential settlements negotiated for physicians against hospital systems in New Mexico, Oregon, and Washington.

Bryan has also tried these complex and difficult cases successfully to juries obtaining substantial verdicts for his physician clients. In October 2013, Bryan was lead trial counsel in a complex civil rights claim for an OB/GYN whose privileges were suspended and revoked at Gila Regional Medical Center in Silver City, New Mexico. Bryan took over the case from the physician, who had been representing himself, at the threshold of trial. Bryan tried the case on the issue of damages after affirmative summary judgment in the physician’s favor on liability. The jury awarded Bryan's client $1,861,644 for lost income, damage to his reputation, and emotional distress.
In January 2019, Bryan was lead trial counsel for a neurosurgeon whose privileges were suspended at Legacy Meridian Park Hospital in Portland, Oregon. Bryan tried the case for eight days to a jury in Multnomah Circuit Court. The jury awarded Bryan’s client $1,500,000 in lost past income and found that the hospital was not entitled to immunity from suit under the Health Care Quality Improvement Act and Oregon peer review law.

Whistleblower & Qui Tam Cases

Bryan represents whistleblowers who have uncovered fraud on government programs, including Medicare/Medicaid, in qui tam cases on behalf of the government and in retaliation cases against employers under the federal False Claims Act, New Mexico Medicaid False Claims Act, New Mexico Fraud Against Tax Payers Act, and New Mexico Whistleblower Protection Act. In January 2013, Bryan served as lead co-counsel for plaintiff in the first trial under the New Mexico Whistleblower Protection Act. They obtained a verdict in excess of $710,000 against the New Mexico Public Regulation Commission for terminating the plaintiff’s employment in retaliation for his reports of inappropriate and unlawful conduct by the Commission.

Professional Licensure Defense

Bryan has represented numerous physicians and other providers in defense of their professional licenses before the New Mexico Medical Board and other licensing agencies. These matters often arise out of the suspension and revocation of a physician’s privileges at a healthcare facility. Bryan leverages his trial practice skills and relationships with licensing board attorneys to seek the best possible outcomes for his clients facing adverse action on their professional licenses.

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Success Where it Counts

“I had the opportunity to work Bryan Davis on a major legal malpractice case. Bryan is the epitome of a great litigator. He is thoughtful, hardworking and ethical. I would not hesitate to call him anytime you need a great litigator.”

Ben Davis

“Good honest people.”

Quentin Cotten

“I had the opportunity to work Bryan Davis on a major legal malpractice case. Bryan is the epitome of a great litigator. He is thoughtful, hardworking and ethical. I would not hesitate to call him anytime you need a great litigator.”

Ben Davis