Elaine M. Michaud | Devine Health
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. I am currently the chair of the firm's Healthcare practice group, Devine Health.
 
In my counseling role, I represent hospitals, 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. 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 also share my knowledge and experience with law students as an adjunct professor of Health Law at the University of New Hampshire School of Law.
 
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. 

Representative Clients

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

Speaking Engagements

  • "Critical Legal Concepts for New Clinicians,” presented to interdisciplinary class of final-year students of Dartmouth’s Geisel School of Medicine, Colby Sawyer’s Nursing Program, and Franklin Pierce College’s Allied Health Practitioner Program, February 2018; February 2019.
  • "Healthcare Professional Liability Issues," presented to NH Society of Medical Assistants, April 13, 2018.
  • "Health, Society, and the Practitioner," four-part lecture series presented to interdisciplinary class of final-year students of Dartmouth’s Geisel School of Medicine, Colby Sawyer’s Nursing Program, and Franklin Pierce College’s Allied Health Practitioner Program, February 2015; February 2016; February 2017.
  • "Legal Issues in Nursing," presented to Keene State College Nursing Program, May 28, 2014; June 4, 2015; February 29, 2016; and University of New Hampshire Graduate Nursing Program, February 23, 2016; April 4, 2017.
  • “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.

Community Involvement

  • City of Manchester Health Department Board of Health; Member 2012 - 2018; Chairperson 2017 - 2018
  • The Mental Health Center of Greater Manchester, Board of Directors, 2007 - 2013; 2015 - present
  • American Heart Association, New Hampshire Board Member, 2015 - 2017
  • Aquinas at Dartmouth, Board of Trustees, 2007 - 2017
  • Friends of "CHaD" (Children's Hospital at Dartmouth) South, Board of Directors, 2009 - 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


We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.


            Speaking Engagements

            • “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
            • "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

            Publications

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

            Community Involvement

            • City of Manchester Board of Health, Chairperson (2017); Board (2012-2017)
            • 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

            Services & Industries

            Charitable & Nonprofit Organizations

            Dispute Resolution & Litigation

            Healthcare - Devine Health

            Hospitals

            Long-Term Care Facilities

            Physician Practices

            Insurance Defense

            Bar Admissions

            Maine

            Massachusetts

            New Hampshire

            Education

            University of Maine School of Law, JD, 1993

            Dartmouth College, BA, 1988

            Awards & Affiliations

            Local Honors

            • Business and Industry Association of NH & The Union Leader, 40 Under Forty
            • Business NH Magazine, Top Attorney in NH, Healthcare Law, 2010

            National Honors

            • AV® "Preeminent" peer rating by Martindale-Hubbell
            • Benchmark Litigation – Local Litigation Star, 2014-2018
            • Chambers USA – Medical Malpractice & Insurance Litigation; General Commercial Litigation
            • Included in The Best Lawyers in America© for her work in Health Care Law, Litigation - Health Care, and Medical Malpractice Law - Defendants since 2012
            • Named “Lawyer of the Year” by Best Lawyers® for Litigation - Health Care, 2017 & 2019 in Manchester
            • Named “Lawyer of the Year” by Best Lawyers® for Medical Malpractice Law - Defendants, 2015 in Manchester
            • New England Super Lawyers, Top Rated Health Care Attorney, 2012-2018

            Affiliations

            • University of New Hampshire School of Law, Adjunct Professor of Law (2017-2019)
            • 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 (1994-1996)

             

            Elaine Michaud Chambers USA

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