Emily L. Fernandez

Emily Fernandez (Partner-White Plains, NY) is quoted extensively in the article "‘Take Care of Maya’ Verdict Could Have Chilling Effect," published in the January 1, 2024, edition of Relias Media's Healthcare Risk Management newsletter. The article explores the aftermath of the massive $261 million plaintiffs' verdict following a highly publicized trial against a Florida hospital. The hospital asserted it followed protocols in reporting suspected abuse and neglect of a young female patient in its care by preventing the family from seeing the child. The article considers implications of the decision and questions the potential for a chilling effect on health care providers in reporting abuse going forward, suggesting they may come under fire for merely complying with state reporting requirements. Emily expressed that "The Florida case was not typical,” which “may help avoid any chilling effects on health care workers. However, she noted “the appellate court's analysis of the relationship alleged between the hospital, the patient's mother, the reporting physician, and the state of Florida” will be critical to analyzing the breadth of the verdict’s potential impact. Emily added, "As long as the hospital stays within the standard of care and uses appropriate judgment supported by good documentation, it is the hospital's role to devise and recommend treatment plans for even difficult cases irrespective of external influences." She also spoke to areas that risk managers must keep in mind to ensure statutory compliance and avoid litigation.