Litigation Blog

Malpractice Mitigation: Utilizing Professional Standards as a Defense to Claims of Negligence in Epidemic/Pandemic Events

Since the start of the COVID-19 pandemic, there has been one constant--uncertainty. What we think we know is in a state of flux as we gain more and more first-hand knowledge of how the virus operates. This, understandably, leads to confusion in which our understanding of how to stay healthy and safe remains somewhat illusive, for both medical professionals and laypeople alike. There is a daily sea of information and sound bites provided by the media, elected officials, and local and national health professionals; information that is sometimes contradictory. Medical professionals must wade through information daily in order to improve upon the practice and treatment of their ill patients. This begs an important question: What does it mean to the medical professional providing critically-needed medical services when the typical best practice "rules," protocols and standards simply do not fully exist yet due to the "novel" nature of COVID-19?

            While the potential for liability exists for all physicians on a day-to-day basis, this potential increases exponentially with the onset of an epidemic, pandemic or the occurrence of a disaster, whether natural or manmade and even more so when that pandemic involves a new and novel pathogen. For the purposes of this article, the authors focus exclusively on the potential liability borne by physicians and other medical professionals during those times in which their patients are exposed to and/or infected by a disease due to an epidemic/pandemic event such as the present novel COVID-19 crisis. More »

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COVID-19 and Business Interruption Claims Under Commercial Property Insurance

As COVID-19 cases continue to rise in the United States our first thoughts are with those immediately affected and how we all can help slow its further spread. The toll the disease has already taken worldwide is significant, and at present it is hard to predict the ultimate cost both in lives and to our economy.  We are confident that the virus will be brought under control, but in the meantime, our clients will face a multitude of questions regarding potential insurance coverage for losses arising from COVID-19 mitigation efforts. This post considers the potential arguments for and against coverage for COVID-19 business interruption losses under typical commercial property coverages. More »

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