Legal Analysis

Updated! Medical Malpractice & COVID-19: A Comparative Law Review

December 15, 2020

Authors: Richard Ng, Lori Rosen Semlies, Jodi V. Terranova, Stephanie M. Carr

Wilson Elser has compiled information on the laws in all 50 states and the District of Columbia with respect to modifications to statutes regulating medical malpractice liability.

  • Some states have issued legislation and Executive Orders providing liability immunity to persons and entities providing health care and medical services in good faith in response to the COVID-19 health crisis, with the exception of willful misconduct or gross negligence.
  • Some states have relaxed licensing requirements for health care providers or supervision requirements for allied health care providers and emergency response providers to permit out-of-state health care providers to practice in their state.
  • Other states have modified statutes of limitations, extending the time frame for bringing lawsuits in certain civil matters. 

The immunity and protections provided by the initial March 10, 2020 HHS Declaration and subsequent amendments, as well as, individual state legislation and orders, include qualifications and exceptions that must be evaluated case by case to determine whether immunity exists.

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DISCLAIMER: This publication is for informational purposes only and is general in nature. The law is constantly changing and Wilson Elser cannot guarantee that the information is accurate at the time it is read. Matters involving insurance claims typically are complex, involve unique situations and require careful consideration. This material is not intended to and does not constitute legal advice. Moreover, the material is not intended to and does not constitute a solicitation for the formation of an attorney-client relationship. Wilson Elser reserves the right to correct, change or update this material at any time without prior notice.

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