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Karen C. Duncan
Special Counsel

Phone: (504) 599-8026
Fax: (504) 599-8216
Email: Karen C. Duncan
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PRACTICE AREAS
Medical Malpractice & Healthcare
Regulatory Healthcare
Defense of Medical Peer Review Due Process claims

EDUCATION
Loyola University School of Law, New Orleans, Louisiana, 1995, J.D.
Honors: Loyola Moot Court

University of State of New York (Regent’s College), 1985, B.S.

Charity Hospital School of Nursing, New Orleans, Louisiana, 1979, R.N.

Past Employment Positions:

Hospital Legal Department Risk Management, Various Clinical Management and Administrative positions in Health Care Institutions

BAR & COURT ADMISSIONS
Louisiana
Texas

PROFESSIONAL ASSOCIATIONS & MEMBERSHIPS
Louisiana Hospital Association
Defense Research Institute
Health Lawyers Association

PUBLICATIONS:
The Limitations on State Medical Organizations’ Ability to Regulate Expert Testimony by Physicians: Fullerton v. The Florida Medical Assoc., The Voice, a publication of the Defense Research Institute, Vol. 6, Issue 13, April 4, 2007.

How a Physician Gets Reported to the National Practitioner Data Bank, Louisiana Hospital Association Newsletter, November 2006.


California Supreme Court "SLAPPS" Down a Physician’s Post-Peer Review Hospital Lawsuit
, The Voice, a publication of the Defense Research Institute, Vol. 5, Issue 31, August 9, 2006.

Lessons for Employers and Hospital Credentialing, The Voice, a publication of the Defense Research Institute, June 21, 2006.


Creutzfeldt-Jacob Disease — Mad Cows And Cannibals in The Hospital Corridors


Peer Review Primer; Part I, What is Hospital Peer Review Anyway?
Louisiana Hospital Association Newsletter, 2005.

Peer Review Primer; Part 2, The Organized Hospital Medical Staff: How a Doctor Requests and Receives Privileges to Treat Hospital Patients, Louisiana Hospital Association Newsletter, 2005.

Listed in Physician, Protect Thyself. 7 Simple Ways Not to Get Sued for Medical Malpractice, Alan G. Williams.
One of only six Louisiana lawyers recommended for the defense of medical malpractice claims.



A former Registered Nurse, Ms. Duncan brings her knowledge and institutional expertise regarding hospital dynamics to the firm’s Medical Liability & Healthcare Practice Areas. She has significant experience in representing health care clients in all litigation, administrative and regulatory needs, including:

o The complex interface, interaction and peremption issues underlying the federal and state immunities available in peer review actions, including avoidance of related Louisiana defamation per se claims,
o Extensive specialization in assisting hospital clients in the regulation the quality of patient care as it is provided by staff physicians while complying with the pertinent federal and state regulatory requirements, the Louisiana Peer Review Statute and Louisiana defamation law,
o Development of training material for health care staff, supervisors, managers and medical staff leadership regarding state and federal laws relating to credentialing and peer review, professional malpractice, hospital risk management,
o Advice and counsel regarding medical staff bylaw revisions, including the newest JCAHO medical staff requirements for the credentialing of non-physician independent practitioners,
o Expertise on hospital reporting to the National Practitioner Data Bank for both privilege restriction actions and for payment or settlement of professional malpractice claims,
o Advice and counsel to hospitals regarding improving medical staff quality, JCAHO regulations for medical staff leadership and the use of patient safety organizations (PSO) as mandated by the Patient Safety and Quality Improvement Act of 2005,
o Advising health care clients in HIPAA related privacy regulations,
o Counsel to independent nurse practitioners and physicians assistants regarding credentialing and privileging, utilization of the Louisiana Patients Compensation Fund cap on damages,
o Representing health care clients in matters requiring sophisticated interaction with marketing and the media, including special clinical and legal expertise relating to publicity related to Mad Cow Disease.
o Defense of medical product/pharmaceutical/dietary supplement claims, including complex multidistrict litigation,
o Special expertise in medical expert investigation, including evaluation of study design, Daubert analysis of testimony and determination of suitability and value of expert.