COVID-19 shields may have slowed lawsuits, but wave could still hit
Despite passage of laws meant to protect businesses from COVID-19 related lawsuits in 30 states, few legal challenges have materialized yet.
Liability
Potential False Claims Act liability for nursing homes
The FCA is the Department of Justice’s key tool in combating healthcare fraud and abuse The False Claims Act (FCA) provides a remedy of civil damages when a party 1) makes a false statement or engages in a fraudulent course of conduct that is done with 2) knowledge that was 3) material and 4) caused…
Providers are fighting COVID-related suits with expanded emergency preparedness law
Nursing home operators are taking advantage of an expanded emergency preparedness law passed by Congress in 2020 to shield themselves from COVID-related wrongful death lawsuits.
House lawmakers take another run at COVID liability protections for providers, workers
House lawmakers are taking another stab at ensuring COVID-19 liability protections for frontline healthcare providers and workers.
Non-covered losses and steep rate increases: New report issues bleak outlook for provider insurance
The best positioned long-term and senior care providers can expect to see liability insurance rates climb by as much as 30% this year, while those with previous losses and poor venues will face even stiffer hikes, according to a marketplace update from Willis Towers Watson.
The state of long-term care is …
So, are things getting better or worse for long-term care? The answer is not so obvious.
Providers pushing back against effort that would make nursing homes liable for COVID-19 failures
Long-term care providers are trying to thwart an effort by Connecticut lawmakers that would allow lawsuits to be filed against nursing homes that failed to comply with state and federal COVID-19 guidance over the last year.
Another COVID-19 suit heads into limbo over PREP Act as jurisdiction battles mount nationally
An Alabama nursing home hoping to fight off a wrongful death suit related to COVID-19 is one of a growing number waiting for their day court.
Medical liability premiums increase by highest rate in 15 years
A national analysis finds liability premiums increased for nearly one-third of healthcare providers in 2020.
Providers say malpractice law would encourage claimants to drag out cases
After vetoing a bill that would have allowed lawyers to collect 9% pretrial interest in medical malpractice cases, Illinois’ governor appears poised to give his blessing to a compromise version that lowers the rate. Healthcare provider associations have lambasted the proposals, saying permitting prejudgment interest gives the plantiff’s bar reason to drag out cases and…
