HEALTHCARE, BUSINESS & LITIGATION SERVICES

Kevin P. O'Mahony

Phone:  678-612-4702  

Email: KOM@KOMahonyLaw.com 


Kevin O’Mahony is an AV Preeminent rated healthcare, business and litigation attorney serving the Atlanta metro area. He focuses his practice on representing healthcare providers, health industry professionals and businesses in both transactional and litigation matters. 


Kevin has over 30 years’ experience in the areas of health and healthcare law, professional and medical malpractice, medical licensing board matters, physician contracts, hospital and medical staff privileges, product liability, litigation, appeals, mediation and arbitration. His practice includes representing hospitals, physicians and physician groups (such as Emory Healthcare, Emory University Hospitals and The Emory Clinic), as well as other professionals and businesses, in matters involving general business, confidentiality, contracts, credentialing, employment, informed consent, insurance, licensing, malpractice, managed care, physician recruitment, peer review, privacy, quality assurance, Medicare and Medicaid reimbursement, staff privileges and other health law issues.  


Kevin also advises clients regarding compliance with state and federal fraud, abuse, anti-kickback, self-referral and safe harbor laws, rules and regulations; and represents clients in agency, board, hospital committee and court proceedings. His trial successes include a $3.7 million jury verdict and multiple large awards for plaintiffs, as well as numerous defense verdicts and favorable settlements for defendants. 


Before forming his own firm, Kevin led the Healthcare Practice Groups of McLain & Merritt and the Atlanta office of Miller & Martin, where he was a partner. Previously, he was a name partner with Allen McCain & O’Mahony and O’Mahony & Vancil, and was counsel at the large Atlanta-based firms of Troutman Sanders and Drew Eckl & Farnham. Kevin obtained his law degree with honors from William & Mary Law School in 1982.  He is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the 11th Circuit, and all Georgia trial and appellate courts. He also has served as an arbitrator and mediator for the National Arbitration Forum, and been a litigation and arbitration instructor for the American Institute of Paralegal Studies.  


Kevin has earned an AV Martindale Hubbell rating (the highest possible peer review rating in both legal and ethical standards), and is an American Lawyer Media and Martindale Hubbell Top Rated Lawyer in Healthcare and Litigation, a recipient of the American College of Trial Lawyers Medal for Excellence in Advocacy, a frequent seminar speaker, and author of numerous articles on health law, litigation and dispute resolution topics. 


Education

  • College of William & Mary, J.D., 1982, Order of Barristers, National Moot Court Finalist
  • Montclair State College, B.S., Accounting/Business Admin., 1979, magna cum laude

Bar Admissions

  • State Bar of Georgia, 1982 
  • U.S. Supreme Court 
  • U.S. Court of Appeals 11th Circuit 
  • U.S. District Court Northern District of Georgia
  • U.S. District Court Middle District of Georgia
  • Georgia Supreme Court
  • Georgia Court of Appeals
  • All Georgia trial and appellate courts
  • Numerous other state and federal courts pro hac      vice

Associations

  • American Bar Association (Health, Business, Tort, Insurance, Litigation Sections) 
  • American Health Lawyers Association
  • Georgia State Bar Association (Health & Business Law Sections)
  • Georgia Academy of Healthcare Attorneys
  • National Arbitration Forum (Arbitrator & Mediator) 

Articles/Publications

·“The 10 Biggest Mistakes Physicians Make After a Licensing Board Complaint Has Been Filed Against Them” 

·  “Healthcare Advance Directives: Thinking About the Unthinkable”

· “Federal Law Governing Physicians’ Referrals Expanded: Stark II Takes Effect”

· “Georgia’s Patient Self-Referral Law for Healthcare Providers”

· “Changes Afoot in Healthcare Antitrust Laws” 

· “Health Care Reform: An Update” 

· “Peer Review and Quality Assurance Records: Confidentiality & Discoverability” 

· “Medical & Dental Malpractice: When Does the Statute of Limitations Run?”

· “Georgia’s New Self-Referral Law for Healthcare Providers”

· “Medical Peer Review Records: When Are They Discoverable?”

· “Negotiating & Litigating Employment Contracts & Restrictive Covenants”

· “Physician Joint Ventures & the Medicare/Medicaid Anti-Kickback Law”

· “Administrative Hearings & Appeals for Nursing Homes in Georgia”

· “Medicaid Reimbursement for Nursing Homes: Boren Amendment & Wilder Decision”


Seminar Presentations

  • Health Law in Georgia 
  • Health Care Fraud
  • Confidentiality of Medical Records
  • Legal Primer for Nursing Home Administration

  Other Professional Accomplishments

· Martindale-Hubbell® AV Preeminent® Peer Review Rated

· Recipient of American College of Trial Lawyers Medal for Excellence in Advocacy

· Atlanta Magazine, Top Lawyers of Georgia

· American Lawyer, National Law Journal and Corporate Counsel Top Rated Lawyer in Healthcare & Litigation