Patrick Montoya

The Lawyer for the Doctor

Pioneers in Pathology Litigation

For over 15 years, starting with the trailblazing case of Health Options, Inc. v. Palmetto Pathology Services, Montoya & Partners has been at the forefront of fighting for fair compensation for professional pathology services. In 2008, after a trial on the merits, Patrick Montoya and a team of lawyers successfully recovered every dollar, including interest, of past-billed charges against a Blue Cross Blue Shield Association subsidiary, Health Options. The trial resulted in an appeal from Health Options to the Third District Court of Appeals, and victory for the pathologists. When Health Options appealed to the Florida Supreme Court, the Florida Supreme Court declined review, making it the seminal, leading case regarding professional pathology service in Florida and in the country, on the right to compensation for professional pathology services.

Important points for pathology practitioners from that case include:

Health Options asserted that professional pathology services were not compensable because they were not rendered by the pathologists to the patients “face-to-face”. The Third District rejected that argument, finding, “HOI next contends that “approved physician care” does not extend to the disputed services when pathologists do not examine a patient or review patient-specific lab work." We disagree. "Physician care,” as defined by Florida law, is "the care, provided or supervised by physicians and shall include consultant and referral services by a physician.” Fla. Admin. Code R. 69O-191.024(13)(c). The record here demonstrates that the disputed services include supervisory duties, consultations, and referrals by the physician pathologists… Thus, PPS's medically necessary clinical pathology services “rendered to” (not “rendered directly to”) a member are compensable whether or not a pathologist and patient meet directly.

Professional component billing by pathologists is the industry and professional standard. The evidence at trial demonstrated that the disputed services are recognized by the American Medical Association's Current Procedural Terminology Editorial Panel as a discrete component of the work done by hospital clinical pathology laboratories. That group describes the disputed services as nine specific and enumerated categories of activity, including quality control, record keeping, the establishment of protocols and test methodologies, supervision, the assurance of compliance with regulatory requirements, and supervision of technicians and other staff.

Patrick Montoya’s philosophy as a lawyer is simple yet powerful: “Be the lawyer you want for yourself.” With over 20 years of experience in complex healthcare and high-profile litigation, Mr. Montoya brings a wealth of skill and knowledge to his clients and remains committed to passionately defending his clients’ rights, all while maintaining a strong one-on-one relationship with those he represents.

Mr. Montoya’s expertise includes class action, healthcare litigation, and commercial litigation. Mr. Montoya’s strong passion for healthcare litigation and representing doctors is deeply rooted in his family. As one of six children, Mr. Montoya’s three siblings are medical doctors in the fields of pathology, anesthesiology, and internal medicine. A fourth sibling is a CRNA. Mr. Montoya’s dedication to providing exceptional legal representation is evident in every case he takes on and the results he has obtained, making him an invaluable member of the legal community.

Mr. Montoya has acquired his two passions in life, dance and football, and infused them into his work as a trial lawyer. The amount of practice, effort, and dedication required for dance and football translates directly into courtroom success.

Similarly, being a successful trial lawyer requires long hours, aptitude, unparalleled dedication, and collaboration. Mr. Montoya has mastered these skills and, through his tireless work and practice, the result is a polished, professional performance for his clients.

The courtroom is his stage, and Mr. Montoya is more than ready to put on a show.

Top-Tier Representation in Florida & Across the Country

Mr. Montoya’s journey to becoming a lawyer uniquely demonstrates his unwavering pursuit of life’s passions. After completing his undergraduate degree, Mr. Montoya was awarded the coveted Thomas J. Watson Fellowship and chose to spend his time exploring his admiration for dancing. Mr. Montoya spent an entire year in Brazil and Spain, where he both studied and taught dance and martial arts.

With these life-changing experiences accomplished, Mr. Montoya returned to the United States and completed his law degree at the University of Miami School of Law, where he graduated with cum laude honors and as a member of the Inter-American Law Review and the University of Miami Moot Court Board. For over two decades, he’s been a practicing attorney in Florida, furthering his commitment to success and excellence in all that he does.

Mr. Montoya’s devotion to his craft is demonstrated by his resolve, not only to his profession, but to the industry itself. In 2023, he was appointed by the Florida Bar to the Standard Jury Instructions Committee. This Committee of lawyers and judges is tasked to review and amend jury instructions used in civil cases. Furthermore, he served on the United States District Court for the Southern District of Florida’s Ad Hoc Committee on Rules and Procedures, helping to determine local rules in Federal Court.

As an accomplished academic, Mr. Montoya has left a lasting impact on the world of law and education. He co-authored a book on Florida Evidence and Procedure.

Through his experience teaching at the University of Miami’s Paralegal Program, undergraduate business law courses and as a legal research and writing instructor at the prestigious University of Miami School of Law, Mr. Montoya has helped shape the minds of the next generation of legal professionals.

Awards and Accolades

Mr. Montoya’s legal excellence is evidenced by the numerous awards and recognitions he has received. To date, Mr. Montoya has been named a Florida Super Lawyer every year since his first recognition in 2013. Prior, he was recognized as a Florida Super Lawyer Rising Star and as a “Top Up & Comer in South Florida” by the South Florida Legal Guide for multiple consecutive years.

Mr. Montoya has also received the esteemed Honorable Ted Klein award from Miami-Dade chapter of the Florida Association for Women Lawyers for his work in promoting and supporting women’s advancement in the legal field. Mr. Montoya’s advocacy for gender equality remains unwavering.

Patrick Montoya’s long list of awards and accomplishments includes:

Patrick Montoya’s Involvement with the Community

Mr. Montoya’s impassioned involvement extends far beyond the courtroom, his office, and lecture halls. He also dedicates his time and energy to making a positive impact in his local community. Mr. Montoya volunteers extensively and has taken leadership positions in many bar organizations. He currently serves on the Board of Directors for the Cuban-American Bar Association, Legal Services of Greater Miami, and Florida Funding Legal Aid (“FFLA”). In the past, he served as the President of Spellman-Hoeveler, Inns of Court and was on the Board of Directors of the American Association for Justice (AAJ) and the Miami-Dade Trial Lawyers.

As a member of the Executive Committee for the National Conference of Community and Justice in Greater Miami, he championed equality and justice while working to build bridges between diverse groups. For his selfless volunteer contributions, he was granted the prestigious “Donor Next Door” Award by the Dade Community Foundation.

Mr. Montoya also uses his platform as host of the television program “NCCJ: Your Community and You” to engage and educate viewers on important community issues.