Neil Harkin Ekblom is a trial lawyer, defense attorney and healthcare lawyer. His firm provides litigation assistance in healthcare, professional liability and related tort and health law contractual matters. Clients include municipalities, medical centers, hospitals, nursing homes, a wide variety of healthcare related entities, surgeons and their practices, commercial landlords, and manufacturing companies. Mr. Ekblom has more than 50 jury defense verdicts in multiple state and federal courts involving a variety of professional liability and healthcare related matters. He represents non-healthcare related professionals, officers and directors, and entities in litigation matters requiring medical and healthcare expertise.
Mr. Ekblom lectures to healthcare related businesses and insurance companies on litigation avoidance and risk management. He has spoken on federal and state fraud and abuse laws as well as employer responsibilities. He has published articles on risk avoidance in trade journals.
Mr. Ekblom obtained his law degree from Georgetown University Law Center in Washington, D.C. He served as an Assistant District Attorney in New York City for four years. He is rated AV Preeminent by Martindale-Hubbell and is admitted to practice in New York, New Jersey and Florida as well as the Southern District in New York and New Jersey District Court.
Mr. Ekblom lives in Bergen County, New Jersey with his wife Frances, son Neil, Jr. and daughter Margaret. He participates with his wife in hospital and community volunteer organizations in New Jersey and New York.
Representative Speaking Engagements
- Basic Fraud and Abuse Avoidance for the Ophthalmologist, American Academy of Ophthalmology, Chicago, October 16, 2016.
- ACA Overview and Update, Brooklyn Bar Association, February 11, 2014.
- ACA Spending in New Jersey, The Commerce and Industry Association of New Jersey (CIANJ), Holy Name Hospital, Teaneck, New Jersey, February 2014.
- Revisiting the PHI Breach Under HIPAA and HITECH and Considerations for Ophthalmologists, American Academy of Ophthalmology, Tech Pavilion, New Orleans, November 16, 2013.
- The Future of Employer Healthcare Under the Affordable Care Act, XpertHR Webinar, July 2013.
- The Affordable Care Act, What Employer’s Must Know, XpertHR Webinar, March 2013.
- Finding a Private Right of Action in the Affordable Care Act, Federation of Defense and Corporate Counsel (FDCC),Whistler, BC, Canada, August 1, 2012.
- Healthcare Exchanges: Where New Jersey Stands, The Commerce and Industry Association of New Jersey (CIANJ) Healthcare Roundtable, Holy Name Hospital, Teaneck, New Jersey, December 6, 2011.
- Current Topics in Life, Health, and Disability/Healthcare Practices, Federation of Defense and Corporate Counsel (FDCC), Williamsburg, Virginia, July 27, 2011.
- From Complications to Malpractice: Litigation Avoidance for Ophthalmologists, New York Ophthalmological Society, Union Club, December 12, 2005.
- Mock Trial Presentations for New York City Health and Hospitals Corporation nurses and residents, How to Avoid Medical Malpractice Litigation, Winter, 1993.
- Limiting Lawsuits by Mitigating Risk: a trial lawyer discusses his experience with reducing litigation risks from surgical complications, Ophthalmology Management, April, 2017.
- Understanding Role of EHR in Informed Consent, Ophthalmology Management, August 2014.
- Defending Ophthalmology Malpractice Suits: Why Similar Type Cases Comes In Waves, Ophthalmology Management, December, 2010.
- Informed Consent Makes A Difference In LASIK Litigation, Ophthalmology Times, October 14, 2004.
- Slipping Towards Litigation: Mistakes Physicians Make When Complications Develop, Focus, No. 2, Page 3, 1998.
- Stewart v. ___, 6 A.D. 3rd 506, 889 N.Y.S. 2d 449, 2009, WL 4672168, 2009, N.Y Slip Op. 09156, N.Y.A.D. 1 Dept. December 10, 2009 (NO. 111381/05, 1729).
- Brown v. ___, 66 A.D.3d 422, 886 N.Y.S.2d 392, 2009 WL 3172150, 2009 N.Y. Slip Op. 07156, N.Y.A.D. 1 Dept., October 6, 2009 (NO. 1115, 105230/02).
- Lipschitz v. ___, 65 A.D.3d 573, 884 N.Y.S.2d 442, 2009 WL 2449258, 2009 N.Y. Slip Op. 06167, N.Y.A.D. 2 Dept., August 11, 2009 (NO. 2006-03585, 2008-05342, 47446/98).
- Carmona v. ___, 22 Misc.3d 1138(A), 880 N.Y.S.2d 871, 2009 WL 782565, 2009 N.Y. Slip Op. 50505(U), Unreported Disposition, N.Y. Sup., March 23, 2009 (NO. 25879- 2003).
- Peniston v. ___, 10 A.D.3d 450, 780 N.Y.S.2d 916, 2004, N.Y. Slip Op. 06422, N.Y.A.D. 2 Dept., August 23, 2004 (NO. 2003-08461, 7359/03
- People v. Ramos, 147 Misc.2d 672, 558 N.Y.S.2d 800, 1990 WL 101962, N.Y. Sup., June 6, 1990 (NO. 1646, 2772/89).
Representative Healthcare Transactions
- Drafted and negotiated severance agreements for exiting physician directors.
- Drafted and negotiated several agreements setting up physician practices.
- Represented internists in merger of practice with 30-member group. Drafted memorandum of exchange, office lease, adoption agreements for operating agreement and employment agreement, and analyzed transaction and provisions for compliance with the Stark Law, Anti-Kickback Statute, and New York State Statutes.
- Drafted Physicians' Employment Agreements for large multi-office physician practice in New York City. Agreements contain tailored provisions for compensation and restrictive covenants.
- Drafted informed consent forms for use in specialty hospital for compliance with state statutes.
- Represented numerous physicians in communications with OPMC and represented several before hearings.
- Reviewed and re-drafted contracts with children's hospital and billing company.
- Represented non-profit physicians' group by obtaining immunity from civil suits in return for providing medical treatment in a foreign country.
- Formed PLLC's and PLLP's for private physicians. Drafted operating agreements and employment agreements.
- Reviewed and negotiated numerous employment agreements for physicians joining practices in New York, New Jersey, and Maryland.
- Represented hospital in physician Due Process Quality of Care Hearings.
- Represented foreign distributor in arbitration over distribution of medical equipment.
- Provided guidance to hospital and several physicians regarding fraud and abuse regulatory issues for transactions.
- Represented hospitals in responding to federal subpoenas in fraud and abuse investigations.
Honors and Awards
- AV Preeminent rated by Martindale-Hubbell
- Listed in the Corporate Counsel edition of Super Lawyers in the area of Civil Litigation Defense, 2010
- Recognized among Metro New York Super Lawyers by Law & Politics magazine in the fields of Civil Litigation Defense, Personal Injury Defense: Medical Malpractice, and Health Care, 2007–2010, 2013
- American Health Lawyers Association
- Federation of Defense and Corporate Counsel: Category One Member
- New York State Bar Association
- Founding Partner, Ekblom & Partners, LLP, New York, New York
- Shareholder, LeClairRyan, P.C., New York, New York
- Partner, Clausen Miller, New York, New York
- Managing Partner, Atkins, Ekblom, Guerrera LLP, New York, New York (Dissolved)
- Managing Partner, Ekblom & Ekblom LLC, New York, New York (Dissolved)
- Partner, Gordon & Silber PC, New York, New York
- Associate, Bower & Gardner, New York, New York (Dissolved)
- Assistant District Attorney, Bronx County, 1986 - 1990
- General Corporate Services
- Healthcare Litigation
- Professional Liability Defense
- Medical Malpractice Defense
- Healthcare Regulatory, Transactions & Compliance
- Fraud and Abuse
- Premises Liability
- Directors & Officers
- Toxic Tort
- Tort Defense
- Georgetown University Law Center
- Hobart College
- Bar Admissions
New York, New Jersey, Florida
- Court Admissions
U.S. District Court for the Federal District of New Jersey, U.S. District Court for the Southern District of New York