Lori Shapiro, Megan Lawless and Dylan Braverman Prevail on Motion to Dismiss Based on the EDTPA COVID-19 Immunity The COVID-19 team moved to dismiss the claims against a Long Island facility prior to the answer based on the EDTPA immunities. Plaintiff claimed wrongful death, malpractice and intentional misinformation based on claims that the patient was exposed to and died from COVID-19, and that the family was not properly informed of extent COVID-19 presence in the facility. In support of the motion, Lori Shapiro and Dylan Braverman included affirmations and evidence demonstrating the compliance with COVID-19 protocols as set forth by the CDC and NY DOH, as well as the impact on the patient. In opposition, plaintiff tacitly conceded that there was COVID-19 impact on the care but the intentional misrepresentations constituted an exception to the EDTPA. In Reply, Megan Lawless established that under New York law, the self-serving claims were insufficient to establish the exception. The court agreed and all claims were dismissed.
Barker Patterson Nichols, LLP’s Post
More Relevant Posts
-
📚 Did you know our educational courses can help PolicyOwners decrease their malpractice losses? Our study showed for every course taken, malpractice losses decreased by an average of 3.2%, and when policyholders used our learning and risk mitigation strategies they experienced a 10% reduction in medical malpractice losses. Find out more: https://lnkd.in/ePEGyXHz #MedicalMalpractice #RiskMitigation #MedEd
Reduce Your Risk with MagMutual
To view or add a comment, sign in
-
Many trust their lives to healthcare professionals, not anticipating the grave risks of misdiagnosis. Yet, with 34% of medical malpractice claims involving serious harm or death linked to diagnostic errors, the danger is real. Our firm stands with those affected, offering our expertise to navigate these challenging waters. Find out how we can assist here: https://bit.ly/3U9wet5 #MedicalMalpractice #MedicalNegligence #CoplanCraneLaw
To view or add a comment, sign in
-
Our PolicyOwners save so much with our educational courses; one of our risk mitigation tools. #magmutual #riskmanagement
Did you know our educational courses can help PolicyOwners decrease their malpractice losses? A recent study showed, for every course taken malpractice losses decreased by an average of 3.2%, and when PolicyOwners used our learning and risk mitigation strategies they experienced a 10% reduction in medical malpractice losses. Find out more: https://bit.ly/3uFXhnl #MedicalMalpractice #RiskMitigation #MedEd
Reduce Your Risk with MagMutual
To view or add a comment, sign in
-
Delays in hospital transfers can mean the difference between life and death. Learn how Florida hospitals may be failing patients in emergencies and what you can do if you suspect medical malpractice. #pkb #resultsmatter #emergency #medicalmalpractice https://lnkd.in/ewQUB2Fk
To view or add a comment, sign in
-
Choosing the right doctors and healthcare facilities requires careful consideration and keen discernment. However, it's crucial to remember that even top-tier facilities and physicians are susceptible to errors that can result in tragic outcomes. We know the pain of seeing a loved one needlessly suffer from preventable injuries in a hospital or care facility. It's a stark reminder that even the best places can fall short, but we're here to remind you that you're not alone on the road to justice and recovery. Call or text us at 214-239-8900 to speak with a member of our experienced team about the suspected medical malpractice that's impacted you, and learn more about how we obtain justice for victims of complex medical malpractice claims: https://bit.ly/3wwy53F #CompassionateJustice #MedicalMalpractice #TexasMedicalMalpracticeLaw #TexasAttorneys #PowersTaylor #PTFamily
To view or add a comment, sign in
-
If you are attending the Idaho Industrial Commission Seminar next week, be sure to say hello to Logan Pry and attend his session on Medicare compliance. If you are looking for more information about Allan Koba Compliance Solutions, please reach out to [email protected]. #AKCS #Education #Medicare
We're excited to announce that Logan Pry, Vice President, will present "Medicare Secondary Payer Landscape: The 3 Pillars" at the Idaho Industrial Commission Annual Seminar on September 12, 2024. Logan's session will cover Medicare compliance, including conditional payment resolutions, Section 111 reporting, Medicare set-aside arrangements, and the latest updates on regulations and case law. Don't miss this chance to stay informed and get ahead in Medicare compliance! #AllanKoba #MedicareCompliance #WorkersCompensation #IdahoIndustrialCommission #MedicareSecondaryPayer #ComplianceSolutions #InsuranceSeminar #LegalUpdates
To view or add a comment, sign in
-
Sadly, many people aren't aware that bedsores and falls in healthcare facilities are preventable and are classified as medical malpractice and eligible for justice and compensation under the law. Patients and their loved ones should never hear, "These things can happen," in response to injuries sustained in a healthcare facility. That's not the truth, and that's not the final answer. Powers Taylor can provide clarity and support for the preventable injustices you or a loved one has suffered. Call or text us at 214-239-8900 for a case review, free of charge, and learn more about our unique approach to compassionate justice for victims and families: https://bit.ly/3SX79lh #CompassionateJustice #MedicalMalpractice #TexasMedicalMalpracticeLaw #TexasAttorneys #PowersTaylor #PTFamily
To view or add a comment, sign in
-
Behind every medical malpractice claim lies a story of pain, loss, and injustice--a person. Uncovering the truth and holding responsible parties accountable for your loss is possible with experienced support. Allow us to shoulder the burden of proof and pursue the closest form of justice possible. Call or text 214-239-8900 for a free consultation and the compassionate expertise you deserve. Learn more about our #MedicalMalpractice group: https://bit.ly/3SX79lh #CompassionateJustice #MedicalMalpractice #TexasMedicalMalpracticeLaw #TexasAttorneys #PowersTaylor
To view or add a comment, sign in
-
Your loved one deserved proper care and adequate time, not a missed diagnosis after a rushed exam. If you or a loved one received an incorrect or entirely missed diagnosis due to this type of medical malpractice, you have options to move forward and help ensure other patients don't suffer the same fate. We’re committed to helping you receive justice with experienced guidance from start to finish. Call or text 214-239-8900 for a free consultation to get started. Learn more: https://bit.ly/3KizbDG #CompassionateJustice #MedicalMalpractice #TexasMedicalMalpracticeLaw #TexasAttorneys #PowersTaylor #PTFamily
To view or add a comment, sign in
1,140 followers