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Lawyer Profile

Image of Monica A. Frois

Monica A. Frois

Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
  • Recognized Since:
    2006
  • Recognized in:
    Health Care Law
    Insurance Law...
  • Law School:
    Louisiana State University
  • Website:
    http://www.bakerdonelson.com
  • Location:
    201 Saint Charles Avenue, Suite 3600
    New Orleans, LA 70170

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 through 2015, 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, Insurance Law, and Medical Malpractice Law and is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.

Recent Representative Matters

  • Extensive representation of physicians, nurses and all types of providers in licensing board matters.

  • Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory 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.

     

  • Lawyer Bio
  • Client Comments
  • Firm Details
  • News & Media
  • Case History

Lawyer Bio

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 through 2015, 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, Insurance Law, and Medical Malpractice Law and is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell.

Recent Representative Matters

  • Extensive representation of physicians, nurses and all types of providers in licensing board matters.

  • Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory 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.

     

Read more on firm website
  • Education
  • Bar Admissions
  • Affiliations
  • Award List
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Education:

  • Louisiana State University, B. A. Psychology, graduated 1987

Bar Admissions:

  • Louisiana, Louisiana State Bar Association

Affiliations:

  • Baker Donelson's Affinitas Group - Founding Co-Chair
  • Baker Donelson's Women's Initiative Committee, New Orleans - Vice Chair
  • Louisiana Association of Defense Counsel - Member
  • Louisiana Society for Hospital Attorneys - Member
  • American Academy of Hospital Attorneys - Member
  • American Bar Association - Member
  • American Hospital Association - Member
  • Association of Women Attorneys - Member
  • Baker Donelson's Diversity Committee - Member
  • Council on Litigation Management - Member
  • International Association of Defense Counsel - Member
  • Louisiana State Bar Association, former member of Medical/Legal Interprofessional Committee - Member
  • Medical Defense and Health Law Committee, International Associating of Defense Counsel - Vice Chair of Publications
  • National Health Lawyers Association - Member
  • The Federal Bar Association - Member
  • The Louisiana Attorney Disciplinary Board, Hearing Committee Member for the Fourth & Fifth Circuits; October 1, 2004 – December 31, 2008 - Member
  • The New Orleans Bar Association - Member
  • Women Lawyers Alliance - Member

Named "Lawyer of the Year" by Best Lawyers for:

  • Health Care Law, New Orleans (2017)
  • Medical Malpractice Law - Defendants, New Orleans (2012)
 

Recognized in The Best Lawyers in America for work in:

  • Health Care Law
  • Insurance Law
  • Medical Malpractice Law - Defendants
 

Awards:

  • Recipient – Animal Legal Defense Fund's 2011 Advancement in Animal Law Pro Bono Achievement Award
  • Honoree – Leadership in Law 2012, New Orleans CityBusiness
  • 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 – 2014
  • Top Lawyers – New Orleans Magazine, 2007 – 2013
  • New Orleans CityBusiness, 2010 Women of the Year honoree
  • Named the Best Lawyers' 2012 New Orleans Medical Malpractice Law - Defendants Lawyer of the Year
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
 

Attorney Client Comments

Firm Details

Image for Baker, Donelson, Bearman, Caldwell & Berkowitz, PC View Firm Profile
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
http://www.bakerdonelson.com
 
Headquarters
First Tennessee Building, Suite 2000
165 Madison Avenue
Memphis, TN 38103
(901) 526.2000
25 Office Locations
in 2 Countries

United Kingdom

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Gallery 4

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Alabama

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Birmingham, AL

Wells Fargo Tower, Suite 1400

420 Twentieth Street North

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(205) 328.0480

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614 South Hull Street

Montgomery, AL 36104

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(334) 262.2000

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1401 H Street, NW, Suite 500

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901 K Street, NW, Suite 900

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(202) 508.3400

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Fort Lauderdale, FL 33394

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Georgia

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Louisiana

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Mandeville, LA

Three Sanctuary Boulevard, Suite 201

Mandeville, LA 70471

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(985) 819.8400

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New Orleans, LA

201 Saint Charles Avenue, Suite 3600

New Orleans, LA 70170

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(504) 566.5200

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Maryland

Maryland

Baltimore, MD

100 Light Street

Baltimore, MD 21202

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(410) 685.1120

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Towson, MD

409 Washington Avenue, Suite 1010

Towson, MD 21201

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(410) 296.1160

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Mississippi

Mississippi

Jackson, MS

One Eastover Center, Suite 400

100 Vision Drive

Jackson, MS 39211

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(601) 351.2400

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South Carolina

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Columbia, SC

1501 Main Street, Suite 600

Columbia, SC 29201

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(803) 251.8800

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Tennessee

Tennessee

Chattanooga, TN

Republic Centre, Suite 1900

633 Chestnut Street

Chattanooga, TN 37450

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(423) 756.2010

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100 Med Tech Parkway, Suite 200

Johnson City, TN 37604

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(423) 928.0181

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Knoxville, TN

265 Brookview Centre Way, Suite 600

Knoxville, TN 37919

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6060 Poplar Avenue, Suite 440

Memphis, TN 38119

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Baker Donelson Center, Suite 800

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Nashville, TN 37201

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Texas

Houston, TX

1301 McKinney Street, Suite 3700

Houston, TX 77010

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(703) 237.0126

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News & Media

Featured Publications

Cover for our Spring Business Edition publication
Cover for our Summer Business Edition publication
Cover for our Winter Business Edition publication

Attorney Case History

Recent Representative Matters

  • Extensive representation of physicians, nurses and all types of providers in licensing board matters.
  • Representation of Continuing Care Retirement Providers and Nursing Homes in litigation, transaction and regulatory 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.

Reported Decisions

  • Landry, et al. v. PSA of Lafayette, LLC, et al., 2012-277 (La.App. 3 Cir. 11/7/12) 120 So.3d 707
  • Landry v. Pediatric Services of America, Inc. 2009-0104 (La. 01/22/10), 25 So.3d 145
  • Paula B. Anderson, et vir. v. Beauregard Memorial Hospital, 1997-1222 (La.App. 3 Cir. 3/6/98), 709 So.2d 283
  • Crafton v. River West, et al., 2008-0348 (La. App. 1 Cir. 10/31/2008), 994 So 2d 154
  • Crafton v. River West, et al. (La. App. 1 Cir.), 2008 WL 4764337
  • Cheeks v. Mompoint, et al., No. 08-C-512 (La. App. 5 Cir. 7/29/08), writ denied, No. 2008-CC-2084 (La. 11/10/08)
  • Harris v. Nighthawk Radiology Services, LLC (WD LA 9/29/06)
  • DVA Renal Healthcare, Inc. v. Northeast Louisiana Kidney Specialists (WD LA 8/25/06)
  • O'Donovan v. Davita, Inc. (WD LA 6/30/06)
  • Borne v. Meadowcrest Hospital, LLC (ED LA 3/11/05)
  • Medine v. Roniger, 2003-3436 (La. 7/2/04), 879 So.2d 706
  • Lakeland Anesthesia, Inc. v. United Healthcare of Louisiana, Inc., 2003-1662 (La. App. 4 Cir. 3/17/04), 871 So.2d 380
  • Garrison v. St. Charles General Hosp., 2002-1430 (La. App. 4 Cir. 9/17/03), 857 So.2d 1092
  • Garrison v. St. Charles General Hosp., 2002-2268 (La. App. 4 Cir. 5/7/03), 847 So.2d 688
  • Garrison v. St. Charles General Hosp., 2002-1430 (La. App. 4 Cir. 1/15/03), 838 So.2d 58
  • Chauvin v. Sisters of Mercy Health System, St. Louis, Inc., 2001-1834 (La. App. 4 Cir. 5/8/02), 818 So.2d 833
  • Pace v. Talley (WD LA 5/7/02)
  • Amer Empire Surplus v. Colony Ins. Co. (ED LA 4/5/02)
  • Williams v. Jackson Parish Hospital, 2000-3170 (La. 10/16/01), 798 so.2d 921
  • Palmer & Cay of Va. v. Oath of La, Inc. (ED LA 6/22/01)
  • Favaroth v. Appleyard, 2000-0359 (La. App. 4 Cir. 5/2/01), 785 So.2d 262
 
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