News & Analysis as of

Healthcare Facilities Liability

Nelson Mullins Riley & Scarborough LLP

Avoid NC Medical Board Scrutiny of Your Medical Spa

The North Carolina Medical Board ("Board") recently issued a guidance document describing a situation involving a physician serving as the medical director of a medical spa, where the medical spa is owned by a non-licensee....more

Stevens & Lee

Evading Transaction Roadblocks: Strategies for Common Late-Stage Dealbreakers

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After completing the arduous task of preparing to sell a business and agreeing to the terms in principle for a transaction in which a business owner will sell his or her “life’s work,” selling business owners (“Seller” or...more

Kaufman & Canoles

When Does a Medical Error Become a Criminal Act?

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Healthcare providers carry heavy liability risks in the event of a medical malpractice allegation or professional standards violation, which can be costly and lead to licensing ramifications and reputational damage. While the...more

Marshall Dennehey

Refusal to Provide Voluntary Inpatient Examination and Treatment to Persons Who Submit for Examination Now Subject to Review Under...

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Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the...more

Faegre Drinker Biddle & Reath LLP

Court Rejects Healthcare Facility’s Use of Emergency Purpose Exception

The Middle District of Florida recently held that a defendant cannot invoke the “emergency purposes” exception to the TCPA if the defendant continues to send messages after the plaintiff has instructed the defendant to stop. ...more

Steptoe & Johnson PLLC

The COVID-19 Jobs Protection Act: Liability Immunity for Health Care Facilities on the Horizon in West Virginia

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On February 19, 2021, the West Virginia Senate passed SB 277, the “COVID-19 Jobs Protection Act.” The purpose of the Act is stated to “eliminate the liability of the citizens of West Virginia and all persons including...more

Husch Blackwell LLP

Missouri Senate Advances COVID-19 Liability Protection Bill - UPDATED February 2021

Husch Blackwell LLP on

Update: After three weeks of lobbying and negotiation, on February 23, 202, the Missouri Senate took a final vote on Senate Bill 51, the COVID-19 Liability Protection Bill. The Bill was adopted by the Senate by a vote of...more

Miles Mediation & Arbitration

[Webinar] Healthcare Provider Immunity for Covid19-Related Claims - September 23rd, 6:00 pm ET

Whether Georgia’s legislation to limit liability for healthcare providers and their employees against COVID19-related claims is appropriate is one of the most hotly contested legal disputes in the healthcare field today. How...more

BakerHostetler

Georgia Enacts COVID-19 Pandemic Business Safety Act

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On August 5, 2020, Georgia joined an increasing number of states that have recently enacted COVID-19 liability protections for businesses. Under the Georgia COVID-19 Pandemic Business Safety Act, entities, individuals,...more

Seyfarth Shaw LLP

New York Eliminates Some Liability Protections For Health Care Facilities and Professionals Relating to the COVID-19 Emergency

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Seyfarth Synopsis: On August 3, 2020, Governor Andrew Cuomo signed a new law that rolled back protections for nursing homes and hospitals in New York in connection with COVID-19 liabilities...more

Seyfarth Shaw LLP

50-State Survey of Liability Protections For Senior Living and Long-Term Care Facilities

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We are pleased to provide you with our 50-State Survey of Liability Protections for Senior Living and Long-Term Care Facilities. Several states across the country have recently taken executive and/or legislative action...more

Constangy, Brooks, Smith & Prophete, LLP

Governor Kemp Signs Georgia COVID-19 Pandemic Business Safety Act

Gov. Brian Kemp signed the Georgia COVID-19 Pandemic Business Safety Act on August 5, 2020, limiting Georgia businesses’ liability for certain claims related to COVID-19. However, the act requires Georgia businesses to take...more

Akin Gump Strauss Hauer & Feld LLP

Health Care Providers and the State of Liability Protections in the COVID-19 Era

- As the COVID-19 pandemic continues, the clamor for liability protections for the nation’s health care providers continues. - Although there are serious political divisions, the COVID Phase 4 relief legislation may...more

Arnall Golden Gregory LLP

Civil Immunity for COVID-19 Claims Extended for Georgia Healthcare Facilities, Including Personal Care Homes and Assisted Living...

The Georgia COVID-19 Pandemic Business Safety Act (the “Bill”), which Governor Kemp is expected to sign the Bill into law, would provide civil immunity from certain liability claims related to COVID-19. The Bill follows...more

Arnall Golden Gregory LLP

Georgia General Assembly Passes COVID-19 Liability Protections

In the last hours of its unusual 2020 legislative session, the Georgia General Assembly passed legislation providing COVID-19 liability protections for healthcare facilities, healthcare providers, property owners, sports...more

Nelson Mullins Riley & Scarborough LLP

Georgia Legislature Approves Liability Limitation in COVID-19 Pandemic Business Safety Act

In the waning hours of the General Assembly’s legislative session on June 26, 2020, the Georgia State Senate agreed to the Georgia House of Representative’s proposal to provide substantial liability limitation to businesses...more

FordHarrison

Georgia Legislature Passes COVID-19 Liability Shield

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On June 26, 2020, as the Georgia General Assembly was about to adjourn, it passed the Georgia COVID-19 Pandemic Business Safety Act. The Act protects businesses, healthcare providers, healthcare facilities, and other entities...more

Sheppard Mullin Richter & Hampton LLP

Tips for the Unwary: Precautions Against Liability for Healthcare Businesses Receiving CARES Act Funds

The Coronavirus Aid, Relief, and Economic Security (CARES) Act provided trillions in economic relief in response to the COVID-19 pandemic, including hundreds of billions of dollars in aid for the healthcare industry....more

Fox Rothschild LLP

NC Enacts Liability Protections For Health Care Providers Responding To Pandemic

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North Carolina health care providers coping with the ongoing COVID-19 pandemic received significant liability protections as part of new state law enacted Monday, May 4. Section 3D.7, of NC Session Law 2020-3 titled...more

Arnall Golden Gregory LLP

Georgia Order Limits Liability of Healthcare Institution Staff During COVID-19 State of Emergency

In an effort to provide healthcare institutions and medical facilities “additional flexibility,” Georgia Governor, Brian P. Kemp, issued a new Executive Order limiting the liability of employees, staff, and contractors of...more

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