News & Analysis as of

Hospitals › Liability

Buckingham, Doolittle & Burroughs, LLC

AI in Healthcare: Enhancing Medical Care, but Complicating Medical Claims

Buckingham, Doolittle & Burroughs, LLC on

Artificial intelligence is transforming the world around us, and the healthcare industry is no exception. As a result, health care entities are testing and implementing AI programs in an effort to improve patient care....more

Nossaman LLP

When Are Hospitals on the Hook? Reconciling Elam and Bichai

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Din v. Sutter Valley Hospital (June 10, 2025, C099101, unpublished) puts the spotlight on a dividing line in California law: when can a hospital be liable for actions taken by its medical staff? The case sharpens the contrast...more

Fox Rothschild LLP

Florida’s Medical Malpractice Reform: Navigating the Shifting Landscape for Providers

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Florida’s healthcare providers and their insurers are on the verge of a significant adjustment to the state’s medical malpractice landscape. For over three decades, a controversial provision within Florida’s medical...more

Sunstein LLP

Hospital Websites Transfer Browser Data to Google and Facebook, But Escape Liability Under Wiretap Statute

Sunstein LLP on

To date, 19 states have adopted comprehensive data privacy laws, but Massachusetts is not among them. Thus, Massachusetts residents whose web browsing activities result in an unexpected loss of privacy sometimes base their...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

Kerr Russell

New Rule Puts Hospitals At Greater Risk Of Liability

Kerr Russell on

On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David...more

Kerr Russell

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

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In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged...more

Husch Blackwell LLP

50-State Update On COVID-19 Business Liability Protections

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A number of states have passed or are considering passing legislation to shield certain businesses from liability from claims for injury caused by exposure to COVID-19. Generally, the laws require that the business was in...more

Baker Donelson

Liability Protection Provisions in the New Republican COVID Relief Package

Baker Donelson on

Throughout the summer, Senate Majority Leader McConnell has emphasized that any additional COVID relief package would include COVID-related liability protections. While negotiations on an additional COVID package between the...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

Bass, Berry & Sims PLC

The Telephone Consumer Protection Act in the Healthcare Industry

Bass, Berry & Sims PLC on

As healthcare companies increasingly rely on mobile delivery platforms and other technologies to communicate with patients about appointments, billing and other issues related to their healthcare management, the potential for...more

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