Articles Tagged With: liability
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Incorrect Intubation Results in Brain Damage, $16 Million Award
This case presents a rare occasion where a defendant care provider — a federally funded hospital — acknowledges and stipulates to liability, rather than challenging liability in the first instance. It is a rare occasion, but not without a logical explanation.
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$30 Million Award Upheld for Negligent Treatment of Kidney Disease
Although unsuccessful in this matter, the defendant care provider raised an important defensive tool in medical malpractice actions: comparative negligence. States employ different applications of this legal principle.
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Review Insurance Policies for Benefits to Help with COVID-19 Costs
Insurance policies may include features that can produce unexpected costs from COVID-19. But policies may exclude communicable diseases.
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Limited Protection from COVID-19 Liability Available in Some States
Healthcare organizations facing potential liability related to COVID-19 may have some protection available on state and federal levels. State protections vary, but one example is New York, which recently passed legislation that provides healthcare providers and facilities with immunity against potential lawsuits related to COVID-19.
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Nursing Homes Face Serious Liability Risks from COVID-19
Nursing homes and affiliated health systems may face an onslaught of lawsuits alleging they failed to properly care for residents during the COVID-19 pandemic. Limited resources and the vulnerability of nursing home residents led to many deaths in nursing homes, and families will question whether those deaths could have been prevented.
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Special Commission to Address U.S. Nursing Home Safety, Quality
CMS establishes independent panel after a wave of COVID-19-related deaths were reported in these care facilities.
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Liability Protection Not Absolute for ED Volunteers
Volunteer emergency department providers should verify their malpractice insurance covers voluntary service. Hospitals should check that volunteer providers are covered under the hospital’s malpractice insurance. Additionally, leaders should look to relevant state law to determine the extent of liability protections related to volunteers.
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Hospitals Bracing for Litigation from Infected ED Providers
Hospitals expect plenty of litigation from emergency department (ED) providers who have contracted COVID-19, often while working without adequate personal protective equipment. Read on to see some claims that ED nurses, ED staff, or emergency physicians may bring against hospitals.
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Many Future ED Malpractice Claims Will Need to Survive Gross Negligence Standard
Enacted protections offer emergency department providers some immunity from liability, except for gross negligence and willful and wanton conduct. This leaves plaintiffs’ attorneys with just one option for pursuing a medical negligence case.
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State Supreme Court Orders New Trial in Childbirth Death Suit
This case reveals the indisputable importance of experts. Important lessons from this case relate to challenging the sufficiency of such experts and whether the experts have offered opinions relevant to the proceedings. Who qualifies as an “expert” may be the proper subject of debate.