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Henry R. Fenton  Partner

Henry Fenton has handled a wide range of civil litigation matters in the areas of healthcare, labor and employment, antitrust and other areas of the law. He has won many important appellate decisions for physicians and other healthcare providers and has argued several cases in the United States and California Supreme Courts. Mr. Fenton has successfully represented hundreds of physicians and other healthcare professionals who have faced accusations or disciplinary investigations by the Medical Board of California or their respective licensing bodies. He specializes in providing representation and advice to health care professionals and health care entities and individuals, in the areas of fraud and abuse, medical staff, credentialing, Medicare and MediCal, reimbursement, Stark and Anti-kickback, DEA, FDA and HIPAA issues, business disputes, long term care, behavioral health and alcohol and substance abuse.

Among other distinctions, he has been rated AV Preeminent by the Martindale-Hubbell peer review rating system and has been chosen for a number of years as, Southern California Super Lawyer in the field of health care law. Mr. Fenton has also been named “Lawyer of the Year” by California Lawyer Magazine and has also been chosen by Best Lawyers in America in the areas of healthcare law and administrative/regulatory law. In 2013, Mr. Fenton was selected as “Lawyer of the Year” in Administrative/Regulatory Law in the Southern California area by The Best Lawyers in America.

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Representative Experience

Henry has successfully represented hundreds of physicians and other healthcare professionals who have faced accusations or disciplinary investigations by the Medical Board of California or their respective licensing boards.  Some of Henry’s representations include:

  • Successfully represented prominent dentist in Dental Board hearing by obtaining dismissal of accusation.
  • Successfully defended a dentist charged with fraud by the California Dental Board by obtaining dismissal of accusation.
  • Resolved case brought against pharmacy by Pharmacy Board in connection with alleged unlawful internet prescribing, seeking over $1,000,000 in fines, for a minimal amount.
  • Advised physicians with respect to disputes pertaining to their contracts and staff privileges at various hospitals and various employers.
  • Persuaded California Attorney General that there was no basis for criminal charges against surgeon in case where initially prosecution was certain.
  • Represented surgicenters and physicians practicing at surgicenters in various disputes and with respect to government investigations.
  • Successfully defended anesthesiologist charged with various charges of gross negligence and repeated acts of negligence by the California Medical Board and obtained dismissal of accusation.
  • Successfully defended dentist charged with various acts of fraud by the California Dental Board by obtaining a dismissal of accusation.
  • Advised governing body at hospital with respect to various issues including Stark and Anti-kickback pertaining to exclusive physician contracts.
  • Represented hundreds of physicians investigated by the California Medical Board and avoided filing of accusations.
  • Successfully represented Durable Medical Equipment (DME) supplier in Medi-care administrative hearings seeking recovery of millions of dollars.
  • In the case of Bode v. Los Angeles Metropolitan Medical Center, Mr. Fenton secured $2.1 million jury verdict against Los Angeles Medical Metropolitan Center in one of the largest jury verdicts stemming from a hospital peer review hearing. (August 2012)
  • Mr. Fenton has several decisions that were published by the appellate courts in disputes involving the Department of Health Services.  In Grier vs. Department of Health Services (2000), and in UAPD vs. Department of Health Services as trial counsel, Mr. Fenton won important cases on behalf of physicians facing huge extrapolated audit demands and established precedents which limited the ability of the Department of Health Services to unfairly audit physicians.
  • In Florence Western Medical Clinic vs. Coye, Mr. Fenton established the precedent that physicians may be able to avoid repayment entirely or obtain a reduction in claimed overpayments where there is a delay by the DHS.
  • In the case of Potvin vs. Metropolitan Life Insurance Company, Henry Fenton established, in the California Supreme Court, the right of physicians to a hearing before being terminated or deselected by HMOs, insurance companies, or any other healthcare entities.  For his work in this case, Mr. Fenton was named among the Lawyers of the Year by California Lawyer Magazine “for his role in reshaping HMOs.”
  • In San Joaquin Hospital vs. Pacificare, Mr. Fenton won an appellate decision on behalf of a hospital against an HMO reversing a trial court decision and reinstating a lawsuit for more than $8 million in damages.
  • In the landmark decision of Sahlolbei vs. Providence Healthcare, Henry Fenton established the right of physicians facing non-reappointment of their staff privileges by a hospital to maintain their staff privileges until all internal remedies under the medical staff bylaws are exhausted.
  • In the recent case of Hayes vs. Cedars Sinai, Mr. Fenton established the right of a physician to a hearing when his application for staff privileges was denied.
  • In the decision of In Re Pomona Valley Medical Group, Inc., 476 F.3d 665 (9th Cir. 2007) Mr. Fenton established the right of a physician to pursue state law claims against a healthcare network that had filed for bankruptcy.
  • In another case handled by Mr. Fenton, Bode v. Los Angeles Metropolitan Medical Center 174 Cal.App.4th 1224 (2009), the court clarified that the medical staff may not sanction or discipline physicians for wrong doing unless they prove the charges with a preponderance of the evidence.
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Associations, Memberships & Awards

  • Los Angeles County Bar Association (Board of Trustees, Executive Committee of the Health Care Law Section)
  • California Academy of Attorneys for Health Care Professionals (Member)
  • California Society for Healthcare Attorneys (Former Member of Board of Directors)
  • California Bar
  • Ninth Circuit Court of Appeals
  • D.C. Court of Appeals
  • U.S. Supreme Court

 

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Education

  • UCLA School of Law, J.D., 1969
  • UCLA, A.B., cum laude, History, 1966
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Life Outside the Firm

Henry enjoys playing with his four grandchildren. In his spare time he enjoys running, skiing, reading, brushing up on foreign language skills and attending UCLA basketball games when his wife, a USC grad, lets him.

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Fenton Law Group’s Writ of Mandate Petition Granted by Los Angeles Superior Court

Henry Fenton and Dennis Lee successfully litigated a Petition for Writ of Mandate, which was granted by the Los Angeles Superior Court on April 28, 2016, ordering the Cal...

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Henry Fenton to Speak at 2016 Home Healthcare Leaders’ Summit

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Fenton Law Group Successfully Represents Prominent Cardiologist

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Henry Fenton Prevails in Representation of Psychoanalyst in California Medical Board Investigation

Founding partner Henry Fenton successfully defended a psychoanalyst against claims made by a plaintiff alleging the psychoanalyst violated the California Business and Professions Code. After hearing Mr. Fenton’s case, the California...

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Fenton Law Group Provides Legal Tips to Physician Magazine

Fenton Law Group recently provided legal tips for the June 2015 issue of Physician Magazine. The pieces of advice focused on practice management and covered issues such as HIPAA training for employees, what to do when contracted by a medical investigator, billing patients for co-pays and de...

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Medi-Cal Providers latest targets of aggressive MBC- LACMA Physician

Henry Fenton’s article “Medi-Cal Providers latest targets of aggressive MBC” was published in Los Angeles County Medical Association (LACMA) Physician’s November 1996 issue. The article studies the aggressiveness of the Medical Board in penalizing physicians....

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Henry Fenton Represents Well-Known Dentist in Dental Board Hearing

Henry Fenton successfully represented a prominent dentist in a Dental Board hearing. The Board’s decision, completely in favor of Fenton Law Group’s client, calls for dismissal (withdrawal) of the accusation agains...

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Henry Fenton Interviewed by The Legal Broadcast Network

Henry Fenton was a guest expert on The Legal Broadcast Network’s segment “Dr. Lisa Tseng, Alleged ‘Pill Mill’ Doctor, Goes on Trial for Second Degree Murder,” which examined the criminal charges against Dr. T...

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Physicians and Sexual Misconduct- LACMA Physician

Henry Fenton’s article “Physicians and Sexual Misconduct” appeared in the February 1996 edition of Los Angeles County Medical Association (LACMA) Physician. In the article, Mr. Fenton discusses the issues of sexual harassment and abuse within the medical profession, as well as the pot...

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Physicians’ Rights as Hospital Staff Members- Hospital Physician

Henry Fenton's article "Physicians' Rights as Hospital Staff Members" was featured in the April 1988 issue of Hospital Physician. In the article, Henry stresses the importance of physicians being aware of their rights, and explains various situations in which a physician's rights may be in...

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Dr. Potvin’s attorney shows how precedent is made in contesting terminations without cause – California Physician

Henry Fenton's article "Dr. Potvin's attorney shows how precedent is made in contesting terminations without cause" was featured in the August 1997 issue California Physician. In the article, Henry discusses the major impact his case Potvin v. Metropolitan Life Insurance Co. has had...

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Unnatural Deselection: Fired health plan doctors are seeking due process- California Lawyer

Henry Fenton was quoted in Loren Stein's California Lawyer article "Unnatural Deselection: Fired health plan doctors are seeking due process," which discussed physicians' efforts to fight back against unwarranted terminations. The article cited Henry's landmark Potvin v. Metropolitan Li...

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The Hospital Medical Staff: What Is Its Future?- Whittier Law Review

Henry Fenton’s co-authored piece “The Hospital Medical Staff: What Is Its Future?” appeared in Volume 16 of the Whittier Law Review. Writing with Mark A. Kadzielski, Esq. and Daniel A. Lange, M.D., Henry discussed potential future changes concerning physicians’ rights, including int...

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A Discussion of Various Provisions of The Health Care Quality Improvement Act- Whittier Law Review

Henry Fenton’s analysis “A Discussion of Various Provisions of the Health Care Quality Improvement Act” was published in Volume 11 of the Whittier Law Review. In the piece, Henry outlines the Act’s provisions, which pertain to all of the immunities, presumptions, standards, and noti...

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Henry Fenton Featured in The Recorder

Henry Fenton was featured in Mike McKee’s The Recorder piece “HMOs Swallow A Bitter Pill,” which covered the major impact his success in the Potvin v. Metropolitan Life Insurance Co. case has had on the managed-care industry. In the ruling that challenged managed-care compani...

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Henry Fenton Named a Lawyer of the Year by California Lawyer

Henry Fenton was listed as a “Lawyer of the Year” by California Lawyer in its December 1998 issue. He was recognized for his role in reshaping HMOs and his work in the precedent-setting case of Potvin v. Metropolitan Life Insurance, Co. Named alongside other leading lawyers in ...

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Court Further Limits Physician Rights in Disciplinary Cases- LACMA Physician

Henry Fenton’s analysis piece “Court Further Limits Physician Rights in Disciplinary Cases” appeared in the December 1994 issue of Los Angeles County Medical Association (LACMA) Physician. In the article, Henry discusses the restrictions California appellate courts place on physician ...

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Medi-Cal Audit Payments May Be Recoverable – LACMA Physician

Henry Fenton published an article entitled “Medi-Cal Audit Payments May Be Recoverable” in the November 1990 issue of Los Angeles County Medical Association (LACMA) Physician. In the article, Henry provides advice on filing a claim for reimbursement. To view the full article, click o...

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Physicians Are Entitled to Due Process – LACMA Physician

Henry Fenton’s piece “Physicians Are Entitled to Due Process” was published in the October 1990 issue of Los Angeles County Medical Association (LACMA) Physician. The article emphasizes the importance of preserving physicians’ rights as staff members, citing the landmark case of

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Wrangling With Recoupment – LACMA Physician

Henry Fenton and co-author Robert Holt’s article “Wrangling With Recoupment: How to hold on to your reimbursement in a Medicare post-payment review” was featured in the September 1994 issue of Los Angeles County Medical Association (LACMA) Physician. In the article, the authors discus...

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Physicians Can Beat the Big Insurers – LACMA Physician

Henry Fenton’s article “Physicians Can Beat the Big Insurers” appeared in the August 1992 issue of Los Angeles County Medical Association (LACMA) Physician. The article studies a significant case in which a physician was compensated for records he was ordered to produce by his patient...

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The Squeeze on Physician Rights – LACMA Physician

Henry Fenton contributed to the June 1995 issue of Los Angeles County Medical Association (LACMA) Physician with his article “The Squeeze on Physicians’ Rights.” In the article, Mr. Fenton discusses physicians’ constitutional right to fair procedure and the impact of managed care on...

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Physicians are entitled to fair procedure in medical staff disciplinary cases- LACMA Physician

Henry Fenton’s piece “Physicians are entitled to fair procedure in medical staff disciplinary cases” was featured in the March 1992 issue of Los Angeles County Medical Association (LACMA) Physician. The article examines how physicians’ medical staff privileges can be affected by den...

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Medical Board Forgoing Due Process – LACMA Physician

Henry Fenton’s article “Medical Board Forgoing Due Process?” was featured in the January 1994 issue of Los Angeles County Medical Association (LACMA) Physician. The article discusses physician’s constitutional rights in Medical Board investigations, hearings, and appeals. Click o...

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Physicians’ Rights as Hospital Staff Members – Hospital Physician

Henry Fenton’s article “Physicians’ Rights as Hospital Staff Members” was featured in the December 1992 issue of Hospital Physician. The article explores the conditions under which physicians can or cannot legally be denied staff membership, as well as the legal precedents for fair ...

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Henry Fenton and Nick Jurkowitz Named ‘Best Lawyers’ for 2016

Fenton Law Group is proud to announce that Henry Fenton and Nick Jurkowitz have been selected by their peers for inclusion in the 2016 edition of The Best Lawyers in America®, one of the oldest and most respected guides to the legal industry. Henry Fenton was recognized for his work in Administrat...

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Final Decision Grants Summary Judgment in Bode v. Pacific Health Corporation, et al.

The firm is pleased to announce that on Monday, July 6, 2015, a final decision granting summary judgment in Bode v. Pacific Health Corporation, et al., awarding Fenton Law Group`s client $2,000.000.00 was adopted by the Los Angeles Superior Court. The Court determined that Henry Fenton, Dr....

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Henry Fenton and Benjamin Fenton Named 2015 Southern California Super Lawyers in Healthcare Law

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Henry Fenton Quoted in Los Angeles Times Article “U.S. Fines UCLA Health System”

Henry Fenton was quoted in Chad Terhune's Los Angeles Times article "U.S. Fines UCLA Health System." The article is about anesthesiologist ...

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Henry Fenton Cites Potvin v. Metropolitan Life Insurance Company In Successful Representation of Physician

Henry Fenton took over the representation of a physician seeking relief for her termination by Blue Shield of California from her status as a Blue Shield member physician in the California Court of Appeal, after summary judgment had been granted to Blue Shield by the California Superior Court, when ...

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Henry Fenton and Nick Jurkowitz Successfully Represent Physician Client

Henry Fenton and Nick Jurkowitz successfully represented a physician charged with aiding and abetting a business manager and nurse in the unlicensed practice of medicin...

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Henry Fenton Named a “Super Lawyer” and Ben Fenton and Nick Jurkowitz Named “Rising Stars” in Healthcare Law

Healthcare law firm Fenton Law Group is pleased to announce that Henry Fenton has been selected<...

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