Leonard M. Rosenberg is Co-Chair of the firm’s Litigation and Alternative Dispute Resolution practice group and the Medical Staff Credentialing and Governance practice group. Len joined the firm in 1985, and has over 39 years of health care law and litigation experience.
Len represents and counsels clients in federal and state court civil and administrative trials, appeals, arbitrations, hearings, and mediations. His practice includes litigation and pre-litigation counseling in a wide variety of health care, regulatory, commercial and business issues, including medical staff and credentialing matters, contract disputes, directors and officers insurance coverage disputes, and judicial review of agency and other administrative determinations.
Len represents health care systems, hospitals, ambulatory surgery centers, physicians, medical boards and trustees, chief executive officers, chief medical officers, and hearing committees in medical staff credentialing and peer review matters, including intra-hospital hearings and appeals, proceedings before the New York State Public Health and Health Planning Council, and litigation arising from the peer review process.
Len has also served as hearing committee counsel in dozens of medical staff and medical resident adverse action hearings. Len has extensive expertise and frequently counsels clients in matters involving immunity from liability under the Health Care Quality Improvement Act and health care entities' mandatory reporting obligations to the National Practitioner Data Bank.
Len has over one hundred court victories in which he successfully defended his clients against claims including age, race, gender, national origin and disability discrimination, defamation, breach of contract, whistleblower claims, tortious interference with contract, and restrictive covenant violations.
Len served as the editor of “In The New York State Courts,” a summary of recent court decisions in health care law for 21 years (2000-2021). The column is a regular feature of the Health Law Journal published by the New York State Bar Association.
Len also served as Chair of the Editorial Board of The Health Lawyer, a journal published by the American Bar Association from 2020-2021, and served as a member and Vice Chair from 2009-2020. Len also served as Vice Chair of Programming of the ABA’s Health Care Litigation and Risk Management Interest Group from 2015-2020, and as Chair of the Nassau County Bar Association Hospital and Health Law Committee from 2019-2022.
Experience
Notable victories include:
Obtained dismissal of physician’s lawsuit alleging discrimination and defamation arising out suspension of hospital privileges, for failure to exhaust administrative remedy with the Public Health and Health Planning Council. This is the first case in New York State court to apply the exhaustion doctrine to a physician’s claims of discrimination under the Human Rights Law. Joseph v. NYU Grossman School of Medicine, 2024 WL 4068660 (N.Y. Sup. Ct., 2024).
Obtained dismissal of physician’s federal lawsuit alleging violations of 28 U.S.C.§1981, which prohibits discrimination in the making and enforcement of contracts. This is the first federal court in New York to hold that a hospital’s medical staff bylaws are not a contract. Hutchinson v. Northwell Health, 2024 WL 1308691 (E.D.N.Y. 2024).
Obtained dismissal of physician’s state law whistleblower claim arising out of the non-renewal of his employment contract. The court clarified the notice and exception requirements to state a claim under NY Labor Law §741(3). Goldberg v. NYU School of Medicine, 2021 WL 12306981 (Sup. Ct., Nassau County, 2021).
Won summary judgement dismissal of a surgeon’s suit for defamation, fraud, breach of contract and negligent misrepresentation claims arising out of hospital’s report to the National Practitioner Data Bank. Brook v. Peconic Bay Medical Center, 2021 WL 4170276 (Sup. Ct., NY County, 2021), 213 A.D. 3d 448 (1st Dep’t, 2023).
Won summary judgment dismissal of neurosurgeon’s suit for money damages arising out of the denial of his application for appointment to a hospital’s medical staff. Karim v. Raju (Lincoln Hospital), 165 A.D. 3d 504 (1st Dep’t, 2018).
Garfunkel Wild successfully represented NYU Grossman School of Medicine in a high-profile medical staff litigation, marking the first case in New York state court to require Public Health and Health Planning Council review prior to filing suit alleging discrimination under the New York State Human Rights Law.
Garfunkel Wild achieved dismissal of a federal court discrimination suit filed by a cardiologist who was denied privileges to perform advanced electrophysiology procedures at South Shore University Hospital due to lack of experience.
After more than 10 years of highly contentious litigation, Garfunkel Wild won summary judgment dismissal in the trial court, and prevailed against the surgeon’s appeal.
Thirty-Three Garfunkel Wild attorneys were selected by their peers for inclusion in 2022 New York Metro Super Lawyers, and 2022 New York Metro/Upstate New York Rising Stars.
Garfunkel Wild secured a significant victory in obtaining dismissal of a multi-million dollar suit based on its filing of a report with the National Practitioner Data Bank that a physician resigned while under investigation.
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2021 New York Metro Super Lawyers, and 2021 New York Metro/Upstate New York Rising Stars.
Thirty-Six Garfunkel Wild attorneys were selected by their peers for inclusion in 2020 New York Metro Super Lawyers, and 2020 New York Metro/Upstate Rising Stars.
Thirty-Four Garfunkel Wild attorneys were selected by their peers for inclusion in 2019 New York Metro Super Lawyers, and 2019 New York Metro Rising Stars.
Garfunkel Wild's 11th Annual ASC and Health Care Management Virtual Symposium is dedicated to the most important business, legal, clinical, and operational issues facing the ASC and health care management community.
Partner Leonard M. Rosenberg and Associate Nicholas M. Summo, co-authored the article “Physicians Convicted for Patient Deaths from Opioid Overdoses,” published in the American Bar Association’s Health Law Litigation – Section of Litigation, July 6, 2020 (Summer 2020, Vol. 16 No.2).
Garfunkel Wild Partner/Director Leonard M. Rosenberg will present at the Strafford Webinar – National Practitioner Data Bank: Hospital Reporting Obligations, Reporting Immunity, and Physician Strategies on April 22, 2020.
Partner/Director Leonard M. Rosenberg, had his article “In the New York State Courts,” published in the Winter 2018 (Volume 23, Number 3) issue of the New York State Bar Association’s Health Law Journal.
Additional speaking & writing
Speeches and Events
Is Your Website In Compliance With The Americans with Disabilities Act? Legal Issues and Proactive Strategies.
Nassau County Bar Association Hospital and Health Law Committee, March 7, 2019
National Practitioner Data Bank Master Class, ABA Health Law Section CLE Webinar, June 14, 2018
Hospital Medical Staff Credentialing Issues From The Hospital and Physician Perspectives.
Nassau County Bar Association Hospital and Health Law Committee, May 3, 2018