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Monica A. Frois

Baker, Donelson, Bearman, Caldwell & BerkowitzHealth Law, Health Care Litigation
Work 201 St. Charles Avenue Suite 3600 New Orleans LA 70170 United States Work Phone: 504.566.8615 Work Fax: 504.585.6915 Website: Baker Donelson\’s Health Practice Website: Baker Donelson\’s Health Care Advocacy Practice

Biography

Photo of Monica A. Frois

Monica Frois is a shareholder in the Firm’s New Orleans office and concentrates her practice on health care matters as well as complex litigation, insurance coverage, legal ethics and professional responsibility litigation. Ms. Frois represents health care systems, behavioral health systems, hospital service districts, hospitals, physicians, dentists, medical groups, staffing agencies, long term care institutions, home health care providers, Medicare advantage companies and numerous other health care providers on operational, compliance, regulatory and transactional issues and a wide variety of litigation. With four years of service on the Hearing Committee for the Louisiana Attorney Disciplinary Board – 2004 to 2008 – she brings extensive experience dealing with attorney disciplinary matters, legal malpractice and professional liability. Ms. Frois has tried numerous cases, with over 40 reported decisions in both state and federal jurisdictions. Ms. Frois also has extensive appellate advocacy experience and has appeared before the Louisiana Supreme Court and every Louisiana Appellate Circuit Court except one. Ms. Frois has handled appellate matters involving constitutional issues, class actions, medical malpractice, health care, insurance, property and casualty. Many of these cases have involved issues of first impression in Louisiana.

Ms. Frois was appointed by the president of the Louisiana State Bar Association to serve on the Medical/Legal Interprofessional Committee of the Louisiana State Medical Society and Louisiana State Bar Association, a role which merged her experience representing the health care and legal industries. She is a Fellow in the Louisiana Bar Foundation and was selected for membership in the International Association of Defense Counsel, an invitation-only professional association comprised of the top corporate and insurance defense lawyers around the world. She has held several IADC committee offices. Ms. Frois was recently selected to become a member of the Council on Litigation Management, which is an alliance of corporations, law firms and service providers committed to furthering the highest standards of litigation management.

Ms. Frois is one of only 50 attorneys in New Orleans selected for induction into the New Orleans CityBusiness Leadership in Law Class of 2009, and New Orleans magazine lists her as one of the Top Lawyers of 2007-2011. Ms. Frois was included in Louisiana Super Lawyers 2010 and was one of only five attorneys in the state recognized in the area of Health Care Law. She was recognized by Super Lawyers again in 2011, 2012 and 2013, and is listed among the top 50 attorneys and top 25 female attorneys in Louisiana. She was also recognized by New Orleans CityBusiness as a 2010 Woman of the Year. This award recognizes 50 women who have helped moved the region forward with energy, innovative ideas, achievements and commitment to excellence. She has been recognized as one of Woodward White’s Best Lawyers in America® in Health Care Law and Medical Malpractice Law and is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.

Recent Representative Matters

  • Provided Health Care Reform Act (HCRA) counsel to various industries.
  • Provided pro bono assistance to the Animal Legal Defense Fund (ALDF) in securing the release of a Siberian-Bengal tiger, “Tony the Truck Stop Tiger,” confined as a roadside exhibit at a Louisiana truck stop for more than ten years. A permanent injunction was granted against the Louisiana Department of Wildlife and Fisheries preventing them from renewing the truck stop owner’s annual permit.
  • Obtained a “zero” jury verdict after a six-week jury trial in the 15th Judicial District Court for the Parish of Lafayette in a brain damaged baby case valued by plaintiffs at $26-$40 million.
  • Gave compliance advice on the Health Insurance Portability and Accountability Act (HIPAA).
  • Handled the seminal case finding that negligent credentialing claims are subject to the limitation of liability available under the Medical Malpractice Act.
  • Obtained summary judgment in $26 million medical staff credentialing matter brought by disruptive physician.
  • Gave compliance advice to providers on fraud and abuse anti-kickback statute and physician self referral (Stark) law compliance.
  • Prepared hospital bylaws, medical rules and regulations and fair hearing plan.
  • Represented numerous hospital systems throughout Louisiana in blood product class action litigation.
  • Represented an international health care provider in resolving Hurricane Katrina claims throughout the Gulf region.
  • Represented a national entertainment company in resolving Katrina claims for all statewide franchises.
  • Represented providers in Recovery Audit Contractor (RAC) audit matters.
  • Represented insurer in multi-million dollar professional liability matter relating to a default judgment.
  • Counseled in formation of medical practice for providers returning to Louisiana post-Katrina.
  • Prepared disaster management policies and procedures for health care institutions.
  • Represented providers in reimbursement and appeals.
  • Represented a major hospital system in termination of all contracts related to force majeure issues.
  • Represented providers and health care systems in medical staff disputes.
  • Represented providers in HIPAA, HITECH and privacy litigation.

Professional Honors & Activities

  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America® since 2006 in the areas of Health Care Law, Medical Malpractice Law and Insurance Law 
  • Named the Best Lawyers’ 2012 New Orleans Medical Malpractice Law – Defendants Lawyer of the Year
  • New Orleans CityBusiness, 2010 Women of the Year honoree
  • Top Lawyers – New Orleans Magazine, 2007 – 2012 
  • Listed in Louisiana Super Lawyers since 2010; listed among the top 50 attorneys in the state, 2012 and 2013; listed among the top 25 female attorneys in the state, 2011 – 2013  
  • Honoree – Leadership in Law 2012, New Orleans CityBusiness
  • Recipient – Animal Legal Defense Fund’s 2011 Advancement in Animal Law Pro Bono Achievement Award
  • Leadership in Law Class of 2009, New Orleans CityBusiness
  • Vice Chair – Diversity Committee, International Association of Defense Counsel
  • Past Member – Medical/Legal Interprofessional Committee, Louisiana Bar Foundation
  • Fellow – Louisiana Bar Foundation
  • Vice Chair of Membership – Medical Defense and Health Law Committee, International Association of Defense Counsel
  • Vice Chair of Publications – Medical Defense and Health Law Committee, International Associating of Defense Counsel
  • Dorothy Dorsett Brown Humanitarian Award 2009, NOLA City Bark Board of Directors
  • Member – American Academy of Hospital Attorneys
  • Member – American Bar Association
  • Member – American Hospital Association
  • Member – Association of Women Attorneys
  • Member – Women Lawyers Alliance
  • Member – The Federal Bar Association
  • Member – International Association of Defense Counsel
  • Member – Louisiana Association of Defense Counsel
  • Member – The Louisiana Attorney Disciplinary Board, Hearing Committee Member for the Fourth & Fifth Circuits; October 1, 2004 – December 31, 2008
  • Member – Louisiana Society for Hospital Attorneys
  • Member – Louisiana State Bar Association, former member of Medical/Legal Interprofessional Committee
  • Member – National Health Lawyers Association
  • Member – The New Orleans Bar Association
  • Member – Council on Litigation Management
  • Member – Baker Donelson’s Diversity Committee
  • Vice Chair – Baker Donelson’s Women’s Initiative Committee, New Orleans
  • Founding Co-Chair – Baker Donelson’s Affinitas Group

Community Activities

  • Board of Directors, Save Our Cemeteries (SOC), 2012 – 2015
  • Board of Directors, NOLA City Dog Park, Founding Member, 2007 – present
  • Louisiana State Bar Association, Medical/Legal Interprofessional Committee
  • Southern Repertory Theatre, Past Member and Board President
  • Odyssey House of Louisiana, Past Board Member and Board President

Admissions

  • Louisiana, 1990
  • United States District Court for the Eastern District of Louisiana, 1990
  • United States District Court for the Middle District of Louisiana, 1990
  • United States District Court for the Western District of Louisiana, 1990
  • United States Court of Appeals for the Fifth Circuit, 1990
  • United States Court of Federal Claims, 2011

Education

  • Tulane University Law School, J.D., 1990
  • Louisiana State University, B.A., 1987
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201 St. Charles Avenue Suite 3600 New Orleans LA 70170 United States