You receive a call from the general counsel of your valued health-care client. He or she informs you that there have been allegations of misconduct within the organization. You are asked to conduct an investigation, perhaps in anticipation of civil litigation or a regulatory inquiry, or both. Your potential stumbling blocks are myriad. Here, we present “must-do’s” applicable to virtually any investigation of a health-care entity, large or small. Adhere to these seven principles, and be on your way to a successful and productive engagement.
(1) Know your client. This may seem obvious. But it is a critical first step in any investigation of a health-care entity, and one that may not be as simple as expected. For example, health-care organizations may be associated with, though distinct from, academic institutions. Do you answer to the school, to its health-care affiliate, or both? Organizations may be owned and/or operated by corporate parents in distant lands, by private equity firms or by practicing physicians—perhaps even those under review—among others.
