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Polsinelli Podcast - Avoiding Professional Liability
Medical Malpractice Litigation
On August 8, 2023, the Connecticut Supreme Court issued opinions in Mills v. Hartford HealthCare Corp.and Manginelli v. Regency House of Wallingford, Inc.that addressed the scope of immunity for health care workers and...more
On July 7, 2021, Missouri Governor Mike Parson signed SB 51 into law, which protects health care providers from being held liable in civil actions for COVID-19 exposure (the “Act”)....more
With an end to the COVID-19 pandemic in sight, it's hard to forget the terrible impact it had on our society and the tremendous strain it put on our medical community. Doctors, nurses, and other medical staff fought...more
On June 14, 2021, Texas Governor Greg Abbott signed the Pandemic Liability Protection Act into law. The law became effective upon his signing. This new law provides COVID-19 liability protections for health care providers,...more
Con la L.n. 76 del 28.5.2021 è stato convertito, con modificazioni, il DL 1.4.2021, n. 44 “Misure urgenti per il contenimento dell'epidemia da COVID-19, in materia di vaccinazioni anti SARS-CoV-2, di giustizia e di concorsi...more
Arizona Governor Doug Ducey recently signed Senate Bill 1377 after a push from Republican legislators to limit civil liability exposure for “Good Samaritans” who have worked to protect and provide for Arizonans during the...more
Given the significant push to vaccinate the public since the start of 2021, the increasing availability of vaccines, and the need to recruit additional personnel to administer vaccinations, the secretary of the US Department...more
Over the past year, the big story has been the search for vaccines to protect people from Covid-19. You can’t vaccinate a business, but Arizona businesses are now protected from liability related to Covid-19. ...more
On March 19, 2021, Governor Jim Justice signed legislation enacting a coronavirus liability shield law. Senate Bill 277, the COVID-19 Jobs Protection Act (“the Act”), is effective retroactively from January 1, 2020 and...more
On March 29, 2021, Florida Governor Ron DeSantis signed SB 72 into law, providing civil liability for business entities for COVID-19 related claims for damages, injury, or death in certain circumstances, and only after the...more
Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021. House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability...more
Updated March 9, 2021 - On March 5, 2021, Florida’s House passed HB 7 which if ratified by the Senate and signed by the Governor will make proving a personal injury case arising from COVID liability in Florida all but...more
Shortly after the introduction of the COVID-19 general liability bill, (HB 7 and SB 72) in an effort to protect businesses from frivolous lawsuits, Senate Judiciary Chairman Jeff Brandes of St. Petersburg introduced Senate...more
In an effort to stimulate safe reopening of the economy and protect companies acting in good faith, Indiana has enacted a COVID-19 immunity shield. Governor Eric Holcomb signed Indiana Senate Bill 1, “Immunity Related to...more
On February 12, 2021, Governor Ivey signed into law legislation that provides civil liability protections to Alabama businesses and healthcare providers related to COVID-19. The legislation provides broad immunity to ensure...more
Good news is here for healthcare providers worried about being left out of COVID-19-related liability protections during the 2021 Florida Legislative Session! The Republican-led Legislature, supported by Governor Ron...more
On January 28, 2021, the Department of Health and Human Services (HHS) issued a Fifth Amendment to HHS’s Declaration under the Public Health Readiness and Emergency Preparedness Act (PREP Act) that provides liability immunity...more
The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more
With coronavirus (COVID-19) vaccines on the horizon amid the surging pandemic, critical extensions expand the scope of liability immunity under the PREP Act....more
Earlier this year, we published various articles breaking down the March 10, 2020 Public Readiness and Emergency Preparedness Act (PREP Act) Declaration (the Declaration) related to COVID-19....more
A New Jersey District Court Judge has ruled that the March 2020 federal liability immunity statute for pandemic-related countermeasures does not create a basis for federal jurisdiction, resulting in the remand of two...more
Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more
As the COVID-19 pandemic continues to dominate the legal landscape, approaches to establishing immunities for health care providers have rapidly evolved. Since mid-March, 23 states, through executive orders and/or...more
The federal government and several states have carved out legal immunities for providers treating COVID-19 patients on the front lines. These legal immunities, however, are temporary and in some cases narrowly drawn. In...more
In light of the ongoing COVID-19 public health crisis, the Secretary of the U.S. Department of Health and Human Services (HHS) signed a declaration providing immunity from suits involving the production and administration of...more