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Health Care Providers Professional Liability

White and Williams LLP

Revisiting the Treating Physician Rule: PA Supreme Court Limits Ability of Defense Counsel to Represent Nonparty Treating...

Last month, in Mertis v. Oh, the Supreme Court of Pennsylvania held that a physician subpoenaed for deposition in a malpractice case does not have unfettered discretion in choosing his or her attorney. Rather, the Supreme...more

Woodruff Sawyer

Update: What Medical Liability Reform Means for Healthcare Providers

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Almost two years ago, Governor Gavin Newsom signed Assembly Bill (AB) 35 into law, reforming California’s Medical Injury Compensation Reform Act (MICRA) of 1975. As discussed in this previous blog about MICRA reform, the...more

Napoli Shkolnik

Diagnostic Errors Claim Nearly 800,000 American Lives Per Year, Study Finds

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A new study shows that approximately 371,000 people die and 424,000 sustain permanent disabilities due to diagnostic error, including brain damage, blindness, loss of limbs or organs or metastasized cancer....more

Manatt, Phelps & Phillips, LLP

[Webinar] State Abortion Shield Laws: Understanding Today’s Patchwork of Reproductive Health Protections - September 28th, 1:00 pm...

Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections and promoted...more

American Conference Institute (ACI)

[Event] 21st Annual Advanced Forum on Obstetric Malpractice Claims - June 27th - 28th, Philadelphia, PA

Hosted by the American Conference Institute, the 21st Annual Advanced Forum on Obstetric Malpractice Claims returns in June with curated content that will ensure that you stay current on the evolving standards of care,...more

Polsinelli

How the Federal Tort Claims Act Extricates Certain Health Care Providers From Data Breach Class Action Suits

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Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity shortcomings of data owners. The underlying...more

Steptoe & Johnson PLLC

Recent Decision Drastically Changes Venue Rules for Pennsylvania Health Care Providers

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In a setback for Pennsylvania health care providers, the Supreme Court of Pennsylvania approved an order amending the rules pertaining to the venue in which medical malpractice suits may be brought. The Pennsylvania Rules of...more

Goldberg Segalla

Mitigating Pressure Injury Exposure Through LEAF’s Innovative Wearable Sensor Technology

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Healthcare facilities exposed to pressure injury litigation too often fail to defend patient malpractice claims because they cannot prove that caregivers provided reasonable turning and repositioning to prevent skin breakdown...more

BakerHostetler

The Room Where It Happens: The Autonomy of the Hospital Ethics Committees Post-Dobbs

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Since the issuance of the Dobbs decision, there’s been significant discussion by lawyers, philosophers, healthcare providers and political leaders. The ruling has created uncertainty and confusion for those working in the...more

Lathrop GPM

Minnesota "Shock Verdict”: $111 Million Medical Malpractice Jury Verdict

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On May 17, 2022, in Thapa v. St. Cloud Orthopedic Associates, a federal jury awarded a landmark $111 million in damages to a patient due to St. Cloud Orthopedic Associates’ (SCO) alleged failure to diagnose and appropriately...more

Conn Kavanaugh

Medication Errors Lead to a Criminal Conviction: What Nurses Should Know about the RaDonda Vaught Verdict

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The case has rocked the medical profession. On March 25, 2022, a Tennessee jury found a former Vanderbilt University Medical Center nurse guilty of criminally negligent homicide and negligent abuse of an impaired adult....more

Steptoe & Johnson PLLC

The West Virginia Medical Professional Liability Act Applies Broadly to Services Encompassing Patient Care – Not Just the Care...

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The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional...more

American Conference Institute (ACI)

[Virtual Event] 20th Annual Advanced Forum on Obstetric Malpractice Claims - November 18th, 8:45 am - 6:15 pm EST

Virtual Forum on Obstetric Malpractice Claims is taking place on November 18th EST. During this one-of-a-kind event, our unparalleled faculty of claims specialists, risk managers, medical experts – as well as an outstanding...more

Goodwin

Five Emerging Concerns for the Health Care Industry as AI & Telehealth Converge

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The use of telehealth continues to grow rapidly across the U.S. Given legislative proposals and the Centers for Medicare & Medicaid Services efforts to expand access to telehealth, we can only anticipate that remotely...more

Steptoe & Johnson PLLC

A Broad New Interpretation of the Scope of the West Virginia Medical Professional Liability Act

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The West Virginia Supreme Court issued a new memorandum decision which broadly interprets the scope of the West Virginia Medical Professional Liability Act, applying it to entities who were not recipients of health care...more

Hicks Johnson

Who Qualifies as a Healthcare Provider?

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As healthcare becomes more technology-driven, the traditional understanding of what constitutes a “heathcare provider” has been blurred. Computers and related electronic equipment, supported by legions of technicians and...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Supreme Court Addresses if Mental Health Act Applies to Outpatient Decision on Involuntary Commitment

On December 22, 2020, the Supreme Court of Pennsylvania issued an opinion in Leight et al v. University of Pittsburgh Physicians et al, Supreme Court of Pennsylvania, No. 35 WAP 2019 determining the extent to which...more

Manatt, Phelps & Phillips, LLP

Fine-tuning Liability Protections in the COVID-19 Emergency - NY State Government: Week in Review

When the scope of the COVID-19 pandemic became apparent, legal commentators, physician organizations and healthcare policymakers sounded the alarm over the potential civil and criminal liabilities that might be faced by...more

Epstein Becker & Green

New Jersey Affidavit of Merit Statute Applied to Nursing Case Despite “Common Knowledge” Claim

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The Supreme Court of New Jersey unanimously held in Linda Cowley v. Virtua Health System (A-47-18) (081891) that the “common knowledge” exception of the Affidavit of Merit Statute applies only when a simple negligence...more

FordHarrison

Alabama Governor's Proclamation Provides Civil Immunities for Businesses

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On May 8, 2020, Alabama Governor Kay Ivey issued a proclamation that curtails potential liability of businesses and health care providers resulting from COVID-19 transmissions as well as from the impacts of a business’s or...more

Robinson+Cole Health Law Diagnosis

New Massachusetts Law Provides Liability Protections for Health Care Professionals, Health Care Facilities and Volunteer...

On April 17, 2020, Massachusetts bill S. 2640 was signed into law by Governor Charlie Baker.  The law provides certain liability protections for the acts or omissions of defined health care professionals, health care...more

Ballard Spahr LLP

NJ Grants Health Care Professionals and Facilities Immunity in Treating COVID-19 Patients

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Tuesday evening, April 14, 2020, New Jersey Governor Murphy signed into law Bill No. S2333, which provides health care professionals, facilities, and systems civil immunity for care given to those affected by COVID-19. The...more

Epstein Becker & Green

Governor Murphy Signs Various Bills into Law Seeking to Help Business Operations and Health Care Providers

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Governor Murphy signed a number of bills into law on Tuesday, April 14, 2020 to help mitigate various negative impacts of the COVID-19 pandemic. The selection below illustrates new laws that specifically seek to facilitate...more

Parker Poe Adams & Bernstein LLP

Liability Limited for Health Care Workers Amid COVID-19

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed by Congress and signed into law by President Trump on March 27, provides relief for Americans feeling the economic effects of social distancing, remote...more

Pullman & Comley, LLC

Executive Order Limiting Liability for Connecticut Providers Responding to COVID-19 Grants Protections for Health Care...

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On April 5, 2020, Connecticut Governor Ned Lamont issued a much-anticipated Executive Order that provides immunity from civil liability to health care professionals and certain facilities supporting the state’s COVID-19...more

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