For more than 20 years, I have worked with healthcare providers as they face the ever-changing legal and regulatory landscapes. My experience in providing counseling and litigation services has helped me develop a comprehensive understanding of the healthcare industry, ranging from administrative and regulatory obligations to institutional policies and patient care standards. I am currently the chair of the firm's Healthcare practice group, Devine Health.
 
In my counseling role, I represent hospitals, rehabilitation and long-term care facilities, physician practices, and individual providers in the areas of risk management, regulatory compliance, medical staff affairs, credentialing, peer review and quality assurance. I work with organizations in the development of by-laws, policies, quality management plans, and department protocols. I also provide legal support to the medical staff leadership in their oversight of physicians and allied-health professionals, addressing matters such as staff governance, credentialing, and disciplinary actions.
 
In the litigation arena, I represent healthcare providers in the defense of medical malpractice claims, as well as in administrative investigations and disciplinary proceedings initiated by State licensing boards.
 
I frequently present seminars to medical professionals and administrators on a wide range of topics affecting healthcare providers and institutions.
 
I enjoy traveling the world, and the opportunity to visit numerous countries throughout Asia, Africa, and Europe and experience wonderfully different cultures has been incredibly rewarding. When I am home in New Hampshire, you will find me enjoying the outdoor activities our state has to offer. I have always believed it is important to give back to our community and regularly serve on the boards of non-profit organizations. I currently serve on the City of Manchester’s Board of Health.

Representative Clients

  • Catholic Medical Center
  • Crotched Mountain Rehabilitation Center
  • Dartmouth Hitchcock Medical Center
  • Northeast Rehabilitation Hospital
  • Healthsouth Rehabilitation Hospital

Speaking Engagements

  • Health, Society, and the Practitioner," four-part lecture series presented to interdisciplinary class of final-year students of Dartmouth’s Geisel School of Medicine, Colby Sawyer’s Nursing Program, and Franklin Pierce College’s Allied Health Practitioner Program, February 2015; February 2016; February 2017.
  • "Legal Issues in Nursing," presented to Keene State College Nursing Program, May 28, 2014; June 4, 2015; February 29, 2016; and University of New Hampshire Graduate Nursing Program, February 23, 2016; April 4, 2017
  • “Medical Malpractice: Limiting Risk Through Documentation,” presented to Case Management Society of New England Annual Meeting & Educational Forum, October 3, 2013.
  • "Legal and Regulatory Obligations for Nurses," presented to Keene State College Nursing Program, May 22, 2013.
  • "Professional Liability Issues in Nursing," presented to Keene State College Nursing Program, May 18, 2012 and University of New Hampshire Graduate Nursing Program, June 21, 2012.
  • “Limiting Malpractice Risk of the Physician Assistant.” Presented to the NH Society of Physician Assistants, October 21, 2011.
  • "Disclosure of Medical Errors," New England Society of Heathcare Risk manager, November 3, 2011
  • “Negligent Credentialing in New Hampshire.” Presented to the NH Association of Medical Staff Support Services, September 16, 2011.
  • “Service Animals/HIPAA and Law Enforcement/Disclosure of Medical Errors/To Treat or Not to Treat.”  Presented to the New England Alliance for Healthcare, June 1, 2011.  
  •  “Nursing Legal Issues.” UNH graduate nursing program, April 25, 27, 2011; June 24, 2011.
  • “Anatomy of a Malpractice Action.” Hospital Medical Staff, April 5, 2011.
  • “Disclosure of Medical Errors.”  Presented to healthcare administrators and clinicians at Patient Safety: Saved by Zero Conference, November 2, 2010.
  • “Permissible Delegation by Nurses in the School Setting.”  Presented to New Hampshire School Nurses’ Association; October 15, 2010.
  • “To Treat or Not to Treat: Providers’ Legal Dilemmas in Patient Care Decisions.”  Presented to Northern New England Society of Risk Managers; June 15, 2010

Community Involvement

  • City of Manchester Health Department, Board of Health, 2012 - present
  • The Mental Health Center of Greater Manchester, Board of Directors, 2007 - 2013; 2015- present
  • American Heart Association, New Hampshire Board Member, 2015-present
  • Aquinas at Dartmouth, Board of Trustees, 2007 - present
  • Friends of "CHaD" (Children's Hospital at Dartmouth) South, Board of Directors, 2009 - 2013
  • Greater Manchester Chapter of the American Red Cross, Board of Directors, 2007 - 2011
  • New Hampshire Catholic Charities Incorporator, 2003-2009
  • Manchester Chamber of Commerce, Leadership Steering Committee, 2001-2009
  • University of Maine School of Law Alumni Board of Trustees, 2003-2008


Get in touch

        Speaking Engagements

        • “Effective Policy & Procedure Writing: Avoiding Pitfalls.”  Presented to New England Society of Healthcare Risk Managers; May 2-4, 2010, Annual Meeting
        • “Limiting Nursing Liability."  Presented to University of New Hampshire graduate nursing program; April 26, 2010
        • “Legal Issues in School Nursing.”  Presented to New Hampshire School Nurses’ Association; April 9, 2010
        • "Occurrence Reports and Hospital Investigations.”  Presented to New England Alliance for Healthcare; March 26, 2010
        • "EMTALA."  Presented to New England Alliance for Healthcare, March 26, 2010
        • “HIPAA Compliance in the Radiology Setting.”  Presented to CMC Section of Radiology, December 9, 2009.
        • “Behavioral Issues in Today's Healthcare Environment with a Focus on the Disruptive Physician.”  Presented to the New England Alliance for Healthcare; September 23, 2009.
        • “Patient Terminations in the Office Setting.”  Presented to New England Alliance for Healthcare, September 23, 2009.
        • “The Paralegal's Guide to Obtaining and Organizing Medical Records for Review.”  Live Webcast through the Institute of Paralegal Education; September 2, 2009. 
        • “Narcotics Contracts.”  Presented to Pine Tree Risk Retention Group; May 22, 2009. 
        • “Communication, Documentation, and Potential Liability in the Long Term Care Setting.”  Presented to NH Health Care Association; May 21, 2009.
        • “House Bill 438 and Its Impact on Proof in the Medical Malpractice Case.”  Presented to Insurance Adjusters’ Association; April 29, 2009.
        • “The Paralegal's Guide to Proficient Medical Records Translation.”  Institute of Paralegal Education; March 24, 2009.
        • “Limiting Liability Risk in the Use of Electronic Medical Records.”  Presented to nursing staff; January 29, 2009.
        • “Limiting Liability in the Medical Office Setting.”  Presented to Physician Practices Office Staff; July 31, 2008.
        • "Professional Liability Issues in Nursing."  Presented to University of New Hampshire Graduate Nursing Students; February 3, 2008
        • "Negligent Credentialing Issues in New Hampshire."  Presented to New Hampshire Association of Medical Staff Services; September 7, 2007
        • "New Hampshire's Medical Malpractice Screening Panel."  Presented to New Hampshire Insurance Adjusters; July 19, 2007
        • "Reduction and Management of Physician-Based Risk."  Presented to Pine Tree Insurance, a Reciprocal Risk Retention Group of Maine Hospitals; April 27, 2007
        • "Trends in Medical Malpractice."  Presented to Northern New England Society of Health Risk Management; November 21, 2005
        • "Healthcare in the Law."  Presented to Granite State Chapter of Medical Transcriptionists; November 5, 2005
        • "Medical Evidence in New Hampshire Court: Your Guide to Effective Use." Continuing Legal Education, National Business Institute; February 25, 2004
        • "Pitfall Prevention and Risk Management of the Employed Physician."  Presented to Northern New England Society of Health Risk Management; September 27, 2004
        • "Personal Injury Law & Practice." New Hampshire Bar Association Continuing Legal Education Program; March 21, 2003
        • "HIPAA Privacy Issues." New Hampshire Healthcare Association; March 26, 2003
        • "Legal Implications of Nursing Practice in New Hampshire."  Presented to Nursing Professionals and Administrators; Lorman Education Services; March 27, 2003
        • "Strategies for Testifying."  Presented at Northeast Association of Occupational Health Nurses 2003 Conference; June 5, 2003
        • "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; Lorman Education Services; August 15, 2003
        • "Medical Malpractice."  Presented at New Hampshire Adjuster's Association Annual Conference; October 16, 2003
        • "Legal Implications of Nursing Practice in New Hampshire."  Presented to Nursing Professionals and Administrators; Lorman Education Services; March 12, 2002
        • "Behavioral Issues in Today's Healthcare Environment."  Catholic Medical Center Grand Rounds Lecture Series; April 17, 2002
        • "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; Lorman Education Services; August 22, 2002
        • "Medical Staff Issues and Risk Management."  Presented to Northern New England Society of Health Risk Management; June 22, 2001
        • "Advanced Civil Discovery for the Litigation Paralegal in New Hampshire." Institute for Paralegal Education; July 24, 2001
        • "Documentation Issues and Charting for the Future."  Presented to Nursing Professionals and Administrators; Lorman Education Services; August 24, 2001
        • "Medical Records for New Hampshire Attorneys." Continuing Legal Education; National Business Institute; October 30, 2001
        • "Malpractice, Negligent Credentialing & Poor Communication." Optima Health Postgraduate Seminar; March 8-9, 2000
        • "Peer-Review from a Northeast Perspective."  Presented at the 10th Annual New England Healthcare Risk Management Conference; May 2, 2000
        • "Litigation Case Management for the New Hampshire Paralegal."  Institute for Paralegal Education; July 27, 2000
        • "Successful Handling of Wrongful Death Cases in New Hampshire."  Continuing Legal Education Seminar; Lorman Education Services; October 19, 1999
        • "Drug Diversion and Its Impact on Medical Malpractice Liability."  Presented to Northern New England Society for Health Risk Management; August, 1998

        Publications

        • "Professionalism: Making a Personal Commitment." New Hampshire Bar Journal, Vol. 13, No. 18, March 21, 2003.

        Community Involvement

        • University of Maine School of Law Foundation for the Future, New Hampshire Committee, 2003
        • Heritage United Way, Account Executive, 2001-2003
        • Dartmouth Alumni Association of Manchester, President, 1996-2001, Vice-President, 1993-1995
        • Friends of the Manchester Animal Shelter, 1997- 2001; Board of Trustees, 1997- 2000, Volunteer Coordinator, 1997-1999
        • New Hampshire Bar Association New Lawyers Committee, 1993-1998
        • Daniel Webster American Inns of Court, 1994-1996
        • American Cancer Society, New Hampshire Board of Directors, 1994-96
        • Hillsborough County Service and Rehabilitation Chairperson, 1994-1996
        • Dartmouth College Rugby Board of Governors, 1992-2000

        Services & Industries

        Charitable & Nonprofit Organizations

        Dispute Resolution & Litigation

        Healthcare - Devine Health

        Hospitals

        Long-Term Care Facilities

        Physician Practices

        Insurance Defense

        Bar Admissions

        Maine

        Massachusetts

        New Hampshire

        Education

        University of Maine School of Law, JD, 1993

        Dartmouth College, BA, 1988

        Awards & Affiliations

        Elaine Michaud Super Lawyers

        Elaine Michaud Chambers USA

        Elaine Michaud was selected to the 2016 New England Super Lawyers list.

        Selected as "Local Litigation Star" in Benchmark Litigation 2017.

        Selected by her peers for inclusion in The Best Lawyers in America©  2017 in the fields of Health Care Law, Litigation/Health Care, and Medical Malpractice Law/Defendants.

        Named the Best Lawyers® 2017 Litigation/Health Care "Lawyer of the Year" in Manchester, NH.

        Selected by her peers for inclusion in The Best Lawyers in America© 2016 in the fields of Health Care Law, Litigation/Health Care, and Medical Malpractice Law/Defendants.

        AV® "Preeminent" peer rating by Martindale-Hubbell

        Named "Manchester Lawyer of the Year" for 2015 in the area of Medical Malpractice Law - Defendants by Best Lawyers in America® 

        Selected by peers for inclusion in The Best Lawyers in America® since 2012 in the practice areas of: Litigation, Health Care, and Medical Malpractice Law - Defendants

        Named a Super Lawyer for Health Care since 2012

        Selected as a New Hampshire Litigation Star by Benchmark Litigation, The Guide to America's Leading Litigation Firms and Attorneys, since 2014

        Recognized and ranked since 2008 in Chambers USA as one of America's leading attorneys in General Commercial Litigation.

        Selected by the Business Industry Association of New Hampshire and the Union Leader, a newspaper of statewide circulation, as one of New Hampshire's 40 Under Forty, a group of 40 men and women in New Hampshire recognized as "young leaders making New Hampshire better" based upon their commitment and contribution to the community.

        Profiled as a Top Attorney in the state of New Hampshire for Healthcare Law by Business NH Magazine, 2010

         


        American Health Lawyers' Association, 2006 - present

        American Society for Healthcare Risk Management, 2008 - present

        New England Society for Healthcare Risk Management, 2005 - present

        New Hampshire Bar Association Committee on Professionalism, 2002-2009

        Defense Research Institute, 1994-Present

        New Hampshire Bar Association New Lawyers Committee, 1993-1998

        Daniel Webster American Inns of Court, 1994-96