News & Analysis as of

Medical Malpractice State and Local Government

Brownstein Hyatt Farber Schreck

Final Days of the 2024 Colorado Legislative Session—What's Left?

With less than three weeks left until sine die, there are several key bills currently under consideration in or that have made their way through Colorado's legislature. These proposals span a variety of sectors including...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

Littler

Arizona Joins Other States in Passing COVID-19 Liability Protection for Businesses

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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

Clark Hill PLC

A New Kind of Covid Immunity: Here’s What You Need To Know About Arizona’s New Law Protecting Businesses From Covid Lawsuits

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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

Littler

West Virginia Enacts COVID-19 Jobs Protection Act

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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

Rumberger | Kirk

Florida Governor Signs COVID Liability Limitation Bill into Law

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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

Rumberger | Kirk

Legislative Update: COVID-19 General Liability Legislation Passes First Key Vote

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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

Lowndes

Updated: Florida Legislature Advancing COVID-19 Liability Shield Bills

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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

Burr & Forman

Alabama Enacts COVID-19 Liability Protections for Businesses and Healthcare Providers

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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

Akerman LLP - Health Law Rx

The Sun is Rising on COVID Liability Protection for Florida Healthcare Providers

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

Searcy Denney Scarola Barnhart & Shipley

Types of Doctors for Medical Malpractice Claims

The American Board of Professional Liability Attorneys (ABPLA) defines “medical malpractice” as when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient....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

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Extends Corporate Attorney-Client Privilege to Non-Employee Agents of Defendant Hospitals

On November 12, 2020, the Washington Supreme Court extended corporate attorney-client privilege protection to appropriate ex parte communications between defendant hospitals and their non-employee agents. The court’s decision...more

Faegre Drinker Biddle & Reath LLP

PREP Act Does Not Require Federal Forum for State Law Negligence Claims Related to COVID-19

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

Baker Donelson

Alabama Malpractice Liability and Immunities During COVID-19 Pandemic

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With the rapid and expansive spread of the COVID-19 pandemic, Alabama health care providers may face a shortage of critical supplies, including ventilators and dialysis machines, which would require difficult decisions...more

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Emergency Legislation in New Jersey Impacts Healthcare Providers

On April 14, 2020, New Jersey Governor Phil Murphy signed a series of emergency bills into law. Two of the bills directly impact healthcare providers in New Jersey and legislate emergency measures that had previously been...more

Spilman Thomas & Battle, PLLC

Update on the West Virginia Legislature - Issue 5

By Friday, February 1, the 24th day of the 60-day regular session of the West Virginia Legislature, the House of Delegates had introduced 820 bills, while the Senate introduced 511. To date, only a handful of bills have...more

Rumberger | Kirk

Morris v. Muniz: A Sword Against Whom?

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Until recently, there had been confusion regarding the application of Florida’s Medical Malpractice Act (the “Act”) as it pertains to (1) the proper appellate standard of review of a presuit expert’s qualifications, and (2)...more

Pullman & Comley, LLC

Appellate Court Notes

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SC20088 - Arciniega v. Feliciano - One slate of petitioning candidates for a town committee election sued to have several signatures on the competing slate declared invalid. The competing slate intervened and filed a...more

Rumberger | Kirk

Florida Supreme Court Says Right to Privacy Survives Death and Prohibits Ex Parte Interviews in Medmal Actions

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In the case of Weaver v. Myers, a sharply divided Florida Supreme Court recently struck down part of the 2013 amendments to Fla. Stats. §§766.106 and 766.1065, which govern the informal discovery process of the medical...more

Baker Donelson

Peer Review Not Protected: U.S. Supreme Court Will Not Disturb Florida Decision Limiting the Patient Safety and Quality...

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A multi-year discovery dispute regarding the adverse medical incident reports of a Jacksonville, Florida hospital concluded on October 2, 2017 when the United States Supreme Court denied a petition for a writ of certiorari in...more

Snell & Wilmer

Making Informed Decisions About Informed Consent

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Patients have come to expect that they will be actively involved in making decisions about their health care. Informed consent aids patient involvement and provides a process whereby a health care provider discusses a...more

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