Webinar-State of Emergency: A Defense Lawyer’s Perspective on Flattening the (Liability) Curve with COVID-19-Related Liability Immunity in NH, VT and ME
The COVID-19 pandemic has created an unprecedented public health emergency in which hospitals, physicians and other front-line health care professionals are making critical medical decisions based on changing guidelines and directives. Many are concerned that providers could face an unprecedented onslaught of medical liability claims and lawsuits where health care services are provided or withheld in situations that are beyond their control. Examples include, but are not limited to, suspending elective in-person visits and procedures, assigning personnel to provide care outside their general practice areas, rationing care, or inadequate testing that could lead to delayed or inaccurate diagnosis, and delays in treatment.
This presentation will provide a defense lawyer’s perspective on the liability implications and exposure created by COVID-19, and our response to the pandemic. We will review the status and content of federal and state efforts to protect health care workers and facilities from COVID-19-related liability claims, including the Coronavirus Provider Protection Act, H.R. 7059, as well as the applicability of existing state laws and executive orders in NH, VT and ME that provide immunity for “emergency management” activities. The current status of COVID-19-related liability litigation will be reviewed. Finally, we will discuss documentation and other risk avoidance and management strategies to help limit your exposure.
By the end of this session, you will:
- Develop a deeper understanding of the liability implications and exposure created by COVID-19, and our response to the pandemic.
- Be up-to-date on state and federal efforts to protect health care workers and facilities from COVID-19-related liability claims, and the current status of litigation.
- Gain insight into the nature, extent and applicability to COVID-19 of liability immunity for “emergency management” activities in NH, VT and ME.
- Better implement risk avoidance and management strategies to limit your exposure.
William N. Smart, Esq.Bill Smart is a Partner in the Manchester, New Hampshire office of Morrison Mahoney, LLP. Bill concentrates his practice in the area of hospital and medical malpractice, regularly representing hospitals and doctors of all specialties, dentists, nurses and other healthcare professionals in state and federal court, before their professional licensing boards, and in institutional credentialing matters. He is admitted to practice in the state and federal courts of New Hampshire, Vermont and Maine, was named "Rising Star" by New England Super Lawyers magazine, (2014-2017), and was elected by his peers to The Best Lawyers in America© Medical Malpractice Defense guide (2019-2020).