Maggie M. Finkelstein has a diverse practice providing defense-oriented legal services and advice to clients in the areas of health care, professional liability, general liability, and employment law, as well as providing corporate contracting, health law, and general business legal services and advice. Ms. Finkelstein is also a registered patent attorney with the United States Patent and Trademark Office.
Ms. Finkelstein provides hospitals, post-acute care facilities, physicians, and other healthcare professionals with general health law support and advice, including in developing areas of law, compliance and regulatory matters, and contractual matters. Compliance and regulatory topics include HIPAA, HIPAA breaches, U.S. Department of Health and Human Services investigations, FDA investigations, Pennsylvania state Department of Health investigations and cited deficiencies, and other compliance issues. Specific legal research and analysis expertise in topics that include confidentiality and privacy, cyber liability, EMTALA, medical record authorizations and releases, telemedicine, informed consent, corporate conflicts of interest, advance health care directives, and POLST. Her practice also includes reviewing and drafting of health care entity and provider agreements, affiliation agreements, vendor agreements, and related terms and conditions and negotiating with vendors. She works with hospital compliance officers, risk managers and CMOs, and provides support to their risk management committees, patient safety committees, ethics committees, claims committees, compliance committees, IRB’s, and peer review including ad hoc topics, drafting of policies and procedures, and research and analysis and legal advice.
Professional Liability Defense
Ms. Finkelstein supports the defense of healthcare providers in medical professional liability cases in state and federal courts, providing research, case strategy and planning, drafting of litigation documents and arguments, and working with medical experts. She also represents physicians and other licensed healthcare professionals in state board investigations, payor quality reviews, and specialty society quality and ethics investigations.
Professional Liability Risk Mitigation
Working with hospitals, Ms. Finkelstein has served as a project lead on significant department quality and safety evaluations for community-based hospitals, academic medical centers and international medical centers, including in obstetrics and bariatric surgery departments, providing objective risk assessment reports and advice on enhancing efficiencies, reducing liability risk, and increasing patient satisfaction. She has provided professional liability risk mitigation support to hospitals, post-acute care facilities, physician practices, insurers, and others by assisting with professional liability risk events as they occur, handling pre-suit claims, and evaluating professional liability exposure for medical providers. She collaborated with national, clinical, patient safety, patient engagement, and technology experts to create practical and focused risk mitigation strategies for healthcare providers in areas that have included obstetrics, bariatric surgery, patient safety, informed consent, HIPAA, patient experience, and post-adverse event communication. She has published dozens of articles, several books and book chapters including articles in the Journal of Medical Practice Management, Inside Medical Liability published by the PIAA, M.D. News, Endo-Economics, and Physicians’ News Digest; and presented webinars and speeches at regional and national conferences in these areas as well, including for the American College of Obstetricians & Gynecologists, American Association of Gynecological Laparoscopists, American College of Surgeons, Pennsylvania Health Care Association, Press Ganey, ACI's Obstetric Malpractice Claims Conference (Philadelphia), and the Healthcare Financial Management Association, Central Pa. Chapter.
In addition, she has experience providing legal and strategic guidance and support to alternative medical professional liability insurers’ and captives’ boards and committees, working with TPAs, auditors, brokers, underwriters, program managers, actuaries and reinsurers. She has provided these insurers with customized loss control programs, risk mitigation and event management advice, oversight of loss control, original educational programming and support in claims management and defense. She also has created captive insurer documents including service provider contracts, program agreements, letters of intent / memoranda of understanding, and articles of incorporation as well as due diligence.
Ms. Finkelstein defends employers before the EEOC and PHRC and in Pennsylvania state and federal courts involving claims that include Title VII (hostile work environment, unlawful termination, constructive discharge, failure to promote, etc.), Unequal Pay Based on Gender, the Pennsylvania Human Relations Act, state Wage Payment and Collection Law, and other related claims such as defamation, slander, invasion of privacy, and contract.
Ms. Finkelstein is registered as a patent attorney with the U.S. Patent & Trademark Office. She provides clients with general intellectual property advice, including advice on protecting intellectual property and drafting relevant non-disclosure and confidentiality agreements.
Ms. Finkelstein was a federal clerk for the Honorable William W. Caldwell in the United States District Court for the Middle District of Pennsylvania (2000-2002).
Supreme Court of Pennsylvania
U.S. Patent & Trademark Office
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
American Health Lawyers Association
American Bar Association
Pennsylvania Bar Association
Lancaster Bar Association
James S. Bowman American Inns of Court (2000-2002)
Community Related Activities
Lancaster Bar Association – Expungement Clinic Volunteer (2018)
Pennsylvania Bar Association – Mock trial program volunteer juror
Leadership Lancaster (Class of 2005)