COVID-19 Litigation: In the Eye of the Storm
ASHRM On-Demand Webinar
CE Credit: 1
Domain: Legal & Regulatory
This program discusses the status of the orders and laws enacted at the start of the pandemic and the court decisions and pending litigation concerning identified loopholes and continuing risks.
At the outbreak of COVID-19, the federal government and many states issued orders and passed laws to protect certain health care facilities and workers from liability for certain negligent acts and omissions during the crisis. Those laws and orders were limited in scope: They excluded liability for, among other things, gross negligence; willful, reckless or criminal conduct; or acting under the influence of alcohol/drugs or outside the scope of one’s licensure. In suits for injuries suffered during the pandemic, plaintiffs’ attorneys have already sought to overcome those limited protections. They will continue to do so in future suits. This program discusses the status of those orders and laws and the court decisions and pending litigation concerning those loopholes and continuing risks.
- • Describe updates on federal law, state laws and executive orders enacted to protect some health care treaters from liability related to COVID-19
- • Explain how the immunity protections have been used and the outcomes in COVID related lawsuits
- • Identify tools for identifying and managing COVID related claims
For questions regarding this webinar, contact ASHRMEd@aha.org
Belinda Dodds-Marshall is a partner at Kaufman Borgeest & Ryan LLP with extensive experience representing healthcare individuals and entities in all aspects of professional liability litigation through trial. As part of her risk management services, Belinda counsels, lectures at conferences and has published on various topics including best practices in medical institutions and most recently on COVID Immunity Legislation Gaps. Belinda is licensed in New York, New Jersey and Washington, DC.
John Mullahy is a partner who runs KBR’s Parsippany, NJ, office, and whose practice focuses on professional-liability defense, commercial litigation, and risk management. He is part of the firm’s Healthcare, Medical Malpractice, and Skilled Nursing/Assisted Living/Home Care & Hospice groups, among others. And he represents hospitals, LTC facilities, ALFs, medical and mental-health professionals, employers, brokers, other professionals in state, federal and administrative proceedings in New Jersey and New York. He also counsels facilities, individuals, insurers, and employers on coverage, employment, and risk-management issues.