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Liability Medical Malpractice Health Care Providers

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

Marshall Dennehey

New Jersey Supreme Court Rules Out-of-State Alleged Tortfeasor Cannot Be Allocated Fault Under Comparative Negligence Act

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Estate of Crystal Walcott Spill v. Jacob E. Markovitz, M.D., 2025 WL 758318 - In this appeal before the New Jersey Supreme Court, the court held that an out-of-state alleged tortfeasor was not a party subject to allocation of...more

Harris Beach Murtha PLLC

New York Clarifies Limits on Medical Device Manufacturer’s Duty to Warn

A manufacturer produces a medical device for physicians to use to administer a particular type of treatment to their patients. When does that manufacturer have a duty under New York state law to warn a physician of risks...more

Morris James LLP

Child and Pediatric Medical Malpractice FAQs

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When a child suffers harm due to medical negligence, the emotional toll on families can be overwhelming. Parents trust healthcare providers to deliver care that protects and nurtures their child’s well-being. When they make...more

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...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

Robins Kaplan LLP

Robins Kaplan Justice Report December 2021 | Vol. 15 No. 4

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Genetic testing had its origins in the 1950s when scientists discovered that an additional copy of chromosome 21 causes Trisomy 21, also known as Down syndrome. Methods for staining chromosomes were used to sort and count...more

Littler

Texas Enacts New COVID-19 Liability Protection Law

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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

Burr & Forman

Health Care E-Note - March 2021

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Helpful Hints - CMS Updates Nursing Home Guidance with Revised Visitation Recommendations - On March 10, 2021, CMS announced guidance on expanding indoor visitation in nursing homes, in response to significant...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

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

Robinson+Cole Health Law Diagnosis

COVID-19 Vaccine Update: HHS Expands Pool of Eligible Vaccinators under PREP Act

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

Rumberger | Kirk

3rd DCA Confirms Sovereign Immunity Applies to Private Entities Providing Healthcare to State Institutions

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In Lazzari v. Guzman, M.D., No. 3D19-597, 2020 WL 6302405(Fla. 3d DCA Oct. 28, 2020), the Third DCA upheld a trial court’s ruling that the University of Miami Miller School of Medicine (“UM”) was entitled to sovereign...more

Baker Donelson

Liability Protection Provisions in the New Republican COVID Relief Package

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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

Bricker Graydon LLP

Ohio Legislature enacts qualified immunity for COVID-19 related lawsuits

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On September 2, 2020, the Ohio General Assembly enacted House Bill 606, a measure that provides widespread qualified immunity to Ohio’s healthcare providers and others...more

Haight Brown & Bonesteel LLP

New Factors to Determine Whether a 998 Offer is Valid and Made in Good Faith

In Licudine v. Cedars-Sinai Medical Center, No. B286350, the Court of Appeal, Second Appellate District, Division Two, recently held that there are three factors especially pertinent to determine whether a Statutory Offer to...more

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