Jane McAteeJane A. McAtee is Of Counsel to Brennan Burtker, focusing her practice on professional liability audit and program assessment; professional licensing representation; and mediation and arbitration.

Professional Liability Audit and Program Assessment 

Through her professional liability audit and program assessment counseling, Ms. McAtee leverages her decades of experience with excess carriers, reinsurers and actuaries by advising hospital and insurance clients on underwriting and annual renewal processes.

She reviews and audits claims-handling practices for self-insured programs, excess carriers and reinsurance companies as well as auditors. Her experience also includes monitoring trials and advising on trial strategy.


Professional Licensing Representation

As part of her professional licensing representation, Ms. McAtee serves as an advocate for health care providers who are the subject of investigation by the Illinois Department of Financial and Professional Regulation (IDFPR). Her in-depth understanding of the process and the goals of investigators gives physicians peace of mind as they navigate the waters of an investigation.

Over the course of her career, she has represented physicians in hundreds of investigations, as well as assisted physicians in meetings with investigators, appearances before review boards and responses to medical malpractice payment reports. In addition, she has assisted physicians with potential and actual impairments from drugs, alcohol, illness or age as part of their dealings with the IDFPR.

Mediation and Arbitration

Ms. McAtee is also certified as a trained mediator by Dominican University. She has participated in hundreds of mediations and is skilled as an independent neutral in mediations and arbitrations.

Prior Experience

Prior to joining Brennan Burtker, Ms. McAtee was the Associate General Counsel and Executive Director of University of Chicago Medical Center’s professional liability program from 1983 to 2016 when she retired.  Her practice has focused on medical malpractice defense, management of a self-insurance program, hospital law and ethics, and issues related to medical licensure and professionalism.

During her tenure at University of Chicago Medical Center, she was responsible for a highly successful self-insurance program which consistently received high marks from auditors, actuaries and financial entities.  She is adept at evaluating and analyzing individual cases, as well as assessing the management of claims portfolios.  Over the course of her career, she worked closely with outside counsel on thousands of cases and was involved in all substantive drafting, negotiations and trial preparation, as well as with trials and appeals.  She also represented physicians and other licensed individuals in matters before the IDFPR, including individuals with care and counseling agreements with the agency.

Ms. McAtee also oversaw commercial litigation and regulatory matters at University of Chicago Medical Center.  She was responsible for a seminal case against the IRS relating to FICA taxes paid by medical residents, including overseeing the assessment of which residents should be included in the case and in distributing refunded FICA taxes to hundreds of former resident physicians. This case involved litigation in the United States District Court for the Northern District of Illinois and appeals to the Seventh Circuit of the United States Court of Appeals.  It centered on novel legal issues and was similar to a class action with more than 1,000 former residents involved in the case.

Over the course of her career, she has given hundreds of lectures and workshops to a wide variety of audiences on numerous legal issues related to patient care, risk management and “lessons learned” from lawsuits.

Prior to her tenure at University of Chicago Medical Center she was an attorney at Jenner & Block for five years.

Contact

jmcatee@brennanburtker.com
312.676.1911

Education

University of Michigan Law School J.D., cum laude
Ohio State University B.S., summa cum laude

Admissions

Illinois State Courts

Memberships & Affiliations

American Bar Association
Trial Bar of The U.S. District Court, Northern District of Illinois
American Academy of Hospital Attorneys
National Health Lawyers Association
Illinois Association of Hospital Attorneys
Editorial Board, The Journal of Medical Practice Management