Showing 3 posts by James C. Sawran.
Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
Since the beginning of the COVID-19 pandemic in March 2020, local, state and federal authorities have sought out ways to address the many issues presented by the pandemic. One such issue is how to address the legal issues facing healthcare workers, who place themselves at risk of contracting the disease every day, and whether these workers and medical facilities should be shielded from criminal or civil liability based on difficult treatment decisions.
As the number of COVID-19 patients continues to rise in the US and worldwide, hospitals and doctors are faced with the decision of how to allocate scarce resources, such as ICU beds, ventilators, and time spent by staff treating an individual patient. An example of one such allocation decision is whether a healthcare worker should administer CPR for a patient who is crashing. More »
COVID-19 cast the entirety of the healthcare system into uncertainty. This is acutely evident in the long-term care setting, where per capita fatality rates remain high. The reasons? (1) The elderly and those with underlying health conditions are most susceptible to severe illness from COVID-19; and (2) those in close quarters, unable or unwilling, to observe social distance parameters, are also at increased risk. When you combine those two risk factors in one setting, this explains the reason that long-term care facilities were, and continue to be, hard hit by COVID-19. More »
The restaurant business, a staple of American life. Eating out offers the opportunity to skip the cooking, be waited on and enjoy a variety of foods you would not otherwise prepare at home. Restaurants also provide the venue for those special occasions with friends and family - birthdays, anniversaries, graduations, and other memorable events. The establishments providing these services are known not just for their food, but for their ambiance, entertainment and social value. However, as the COVID-19 Coronavirus began impacting the United States, governments of the various states immediately took action to stem the spread of the virus. First and foremost, social distancing measures were implemented to ensure that individuals maintained a "safe and healthy distance" from one another - this required restaurants to immediately close their doors to the public. During the pandemic, restaurants began to adapt and allowed patrons to purchase food "to go", albeit via delivery or pick-up, but pick-up mostly required people to remain outside while employees, donned in surgical masks and gloves, brought the food to your car. Where does this leave us now? As the various states begin to "re-open," will restaurants return to what we consider "normal" or will the dynamic of the restaurant industry change in an effort to keep its employees and customers safe, and prevent liability for the unintentional transmission of COVID-19 or any other disease? After all, eating is one activity that cannot be accomplished whilst wearing a mask. More »
- Now That Vaccine Distribution Has Begun, What Issues Do Employers Face?
- Immunity From Liability For Healthcare Facilities and Healthcare Professionals in the Continuing Battle Against the Covid-19 Pandemic
- A National Approach to Biometric Privacy
- Illinois Appellate Court Says the Learned Intermediary Doctrine Does Not Shield a Device Manufacturer from Liability When a Doctor is Deceived About a Device’s Prior Testing and Suitability
- Remote Jury Selection by Video Conferencing
- Illinois Appellate Court Eliminates Key Defense to BIPA Claims
- What is Amy Coney Barrett’s Record on Federal Preemption and What Does it Mean for Future SCOTUS Rulings in Drug and Medical Device Litigation?
- COVID Delivers Fraud to the Trucking Industry
- The Application of the Doctrine of Collateral Estoppel to Bar Legal Malpractice Claims Following Allegations of Ineffective Assistance of Counsel
- Prefabricated Construction Liability
- Professional Liability
- Class Action
- Insurance & Reinsurance Litigation & Counseling
- Complex Commercial Litigation
- Insurance Coverage
- Cyber Risk & Liability
- Toxic Tort
- Professional Development
- Social Media & Privacy
- Employment Litigation & Counseling
- Construction Litigation & Counseling
- Workers' Compensation
- Product Liability
- Pharmaceutical & Medical Device Litigation
- Discrimination, Harassment & Hostile Workplace Claims
- Medical Negligence & Healthcare Liability