Forecasting the Storm of COVID-19 Litigation
ASHRM On-Demand Webinar
CE Credit: 1
Domain: Health Care Operations
This presentation examines laws and orders passed to protect health care workers and facilities during the COVID-19 crisis and the loopholes in them which creates additional risk for insureds.
In response to healthcare-worker shortages at the outbreak of COVID-19, the federal government and many states issued orders and passed laws to protect certain healthcare facilities and workers from liability for certain negligent acts and omissions during the crisis. But those laws and orders are limited in scope. They exclude liability for gross negligence; willful, reckless or criminal conduct; or acting under the influence of alcohol/drugs or outside the scope of one’s licensure. As such, we could expect plaintiff’s attorneys to plead gross negligence and reckless and willful conduct to overcome that protection, and to claim the negligence preceded or was unrelated to the pandemic. This program examines those executive orders and laws and the loopholes in them, which create some risks for healthcare insureds.
- • Discuss federal and state laws and executive orders enacted to protect certain healthcare facilities and workers from liability related to the COVID-19 crisis
- • Identify the legal and factual limitations of the COVID-19 immunity laws, as they apply to certain acts and actors
- • Discuss how plaintiffs’ attorneys are seeking to overcome the immunity protections for healthcare workers and facilities, to capitalize on the pandemic
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 best practices including Cannabis in medical institutions.
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.