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Healthcare Facilities › Negligence

Marshall Dennehey

An Affidavit of Merit Is Inappropriate if It Fails to Identify Any Individual Person(s) Who Were Negligent.

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Hargett v. Hamilton Park OPCO, LLC, et al., No. A-2036-22, 2023 WL 8533057 (N.J. App. Div. Dec. 11, 2023) (approved for publication) - The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide...more

Morris James LLP

Negligence in Behavioral Health Facilities FAQs

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When dealing with the complexities of medical malpractice, particularly negligence in behavioral health facilities, it is essential to understand your rights and how to enforce them. These frequently asked questions aim to...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

Jackson Lewis P.C.

Cap on Punitive Damages is Constitutional, Georgia Supreme Court Holds

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A $250,000 cap in punitive damages is constitutional, the Georgia Supreme Court has confirmed, upholding the trial court’s decision to substantially reduce a $50 million verdict to $250,000. Taylor v. Devereux Found., Inc.,...more

Bressler, Amery & Ross, P.C.

New Jersey Supreme Court to Address Affidavit of Merit Requirement for Vicarious Liability Claims

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The New Jersey Supreme Court has affirmed the Appellate Division’s decision that plaintiffs are not required to serve an Affidavit of Merit against defendant health care facilities for claims of vicarious liability arising...more

MoFo Life Sciences

First Decisions Limit Prep Act Immunity In Coronavirus Context

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When we discussed the Public Readiness and Emergency Preparedness (PREP) Act earlier this year, we predicted that its tort liability protections would reassure manufacturers and distributors of novel COVID-19 drugs and...more

Arnall Golden Gregory LLP

Georgia General Assembly Passes COVID-19 Liability Protections

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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

Rivkin Radler LLP

New Executive Orders Aid OPWDD Facilities amid COVID-19

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In our prior bulletin, we discussed the likely lack of civil immunity from Justice Center enforcement actions conferred in other contexts by Executive Order 202.10. However, other Executive Orders provided some relief in the...more

Pullman & Comley, LLC

Health Law From the Courts: Review of 2019 Connecticut Case Law

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Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut.  These include the Connecticut Supreme...more

Polsinelli

Med-Staff Newsletter - January 2020 | VOL 4

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With the New Year comes new medical staff leaders and a new set of growing pains. Contrary to what many of us believe, some simple steps can lessen the pain. ...more

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