Elaine M. Michaud
Shareholder

Biography

Elaine serves as Chair of the firm's Healthcare Practice Group and Chair of the firm’s Litigation Department.  She provides both counseling and litigation services to institutional and individual clients in the healthcare industry. 

In her counseling role, Elaine represents medical institutions, rehabilitation and long-term care facilities, physician practices, and individual providers in the areas of risk management, regulatory compliance, medical staff affairs, credentialing, peer review and quality assurance. She assists institutions in the development of by-laws, policies, quality management plans and department protocols.  Elaine also provides legal support to the medical staff leadership of medical institutions in their oversight of physicians and allied-health professionals, addressing matters ranging from staff governance to substance abuse and behavioral issues.

In the litigation arena, Elaine represents individual medical professionals and institutions in the defense of medical malpractice claims, as well as in administrative investigations and disciplinary proceedings initiated by State licensing boards.

Elaine frequently presents seminars to medical professionals and administrators on a wide-range of topics affecting healthcare providers and institutions.

EDUCATION:

University of Maine School of Law, Juris Doctor, 1993

Dartmouth College, Bachelor of Arts, 1988

Representative Clients

• Chubb Executive Risk
• Caronia Insurance Company

Medical Institution Clients (Counseling):

• Catholic Medical Center
• Dartmouth Hitchcock Medical Center
• Northeast Rehabilitation Hospital
• Healthsouth Rehabilitation Hospital

Professional Affiliations

• American Health Lawyers Association
• American Society for Healthcare Risk Management
• New England Society for Healthcare Risk Management
• 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

Awards & Honors

• Selected by peers for inclusion in The Best Lawyers in America® 2012 in the field of Medical Malpractice Law - Defendants (Copyright 2011 by Woodward/White, Inc., of Aiken, S.C.).
• Named as a Top Attorney in the state of New Hampshire by Business NH Magazine, 2010.
• Recognized and ranked in Chambers USA 2011 as one of America's leading attorneys in General Commercial Litigation. Previously ranked in 2008-2010.
• BV® Rating, exemplary rating by Martindale-Hubbell
• 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.

Speaking Engagements

• “Limiting Malpractice Risk of the Physician Assistant.” Presented to the NH Society of Physician Assistants, October 21, 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.
  
• “EMTALA.”  Presented to emergency medicine and obstetrical medical and nursing staff; November 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
• "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; 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
• "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; 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
• "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; 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

Community Involvement

• Friends of "CHaD" (Children's Hospital at Dartmouth) South, Board of Directors
• The Mental Health Center of Greater Manchester, Board of Directors
• Aquinas at Dartmouth, Board of Trustees
• Greater Manchester Chapter of the American Red Cross, Board of Directors, 2007-June 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

Publications

• "Professionalism: Making a Personal Commitment." New Hampshire Bar Journal, Vol. 13, No. 18, March 21, 2003.

Bar Admissions

• Maine
• Massachusetts
• New Hampshire