COVID-19 Legal Services

As we have adapted to numerous challenges over the past 100 years, the vigorous defense of our clients has stood the test of time. Today is no different, which is why we have created a team of highly specialized litigators to defend medical professionals in all types of COVID-19 legal matters that may arise in the coming months and years.

Since March of 2020, New York State, along with the rest of the country, has been grappling with the consequences of the COVID-19 outbreak. From the earliest days of the onset, the newly formed COVID-19 practice group at Martin Clearwater & Bell LLP (MCB)  has been scrutinizing all of the potential legal issues, many of which are unprecedented, that our clients may face during and after the course of this public health emergency.

Risk management is not only about planning courses of action and strategies that deal with known adverse possibilities; it is also about anticipating new risks arising out of unexpected events. The current coronavirus pandemic is the epitome of such a situation. Accordingly, our COVID-19 practice group is keeping abreast of all relevant news, data and guidance, as well as proactively contemplating all possible new causes of action stemming from this pandemic. Our Firm has compiled an extensive database of medical, technical and regulatory information which is updated daily, and monitors COVID-19 emergency declarations and guidelines on a local and national basis.

WHO WE REPRESENT:

Our clients include hospitals, physicians, nursing homes, physician group practices, health care organizations and other medical professionals.

WHAT WE HANDLE:

Martin Clearwater & Bell LLP has both defended and advised health care professionals and organizations for over a century. With superior resources, relationships (governmental, institutional, corporate, and individual), and experience, we are well-positioned to counsel all categories of health care organizations and providers with respect to COVID-19 and the new legal landscape that is evolving around it. For example, we have been the lead New York counsel for physicians in the Fen-Phen and silicone breast implant class actions, and we have defended health care professionals against claims involving liquid silicone, pedicle screw, and DES cases as well as various other medical devices or drugs. The Firm utilizes our technical expertise in medical and scientific matters, as well as our litigation support technology, to provide a high quality, cost-effective defense for our clients.

HOW WE HELP:

Our specialized COVID-19 practice group includes several of the Firm’s brightest and most experienced attorneys. Led by Senior Partners Kenneth Larywon, Thomas Mobilia, Anthony Sola and Barbara Goldberg, this group has an impressive track record of vigorously and successfully defending health care professionals and organizations against myriad causes of action spanning multiple medical specialties. Broadly, the types of specific COVID-19 issues we are prepared to address as this area of law evolves include:

  • Procedural and venue considerations.
  • Telehealth issues.
  • Compliance issues resulting from multiple governmental agency mandates and/or waivers (federal, state, county, municipal).
  • Employee screening and testing, as well as general workplace safety issues.
  • Employee refusal to work (and related risk of whistleblower and retaliation claims.
  • Patient claims of negligent care practices resulting in their becoming COVID-infected; or similar claims re: negligent treatment resulting in adverse outcomes, including death.

The types of claims we are capable of defending include:

  • Breach of appropriate standard of care.
  • Lawsuits by patients alleging that they contracted COVID-19 through interactions with health care providers.
  • Cessation of services by healthcare vendors, leading to supply chain shortage issues which in turn directly impact the ability of providers to furnish care.
  • Healthcare provider inability to perform.
  • Patient privacy and HIPAA claims.
  • Failure to provide protective personal equipment (PPE).
  • Lawsuits from patients who were refused care.

Even as the nation’s hospitalization capacity was stretched to its limit as a result of this novel virus, claims and lawsuits related to patients who could not get “necessary” elective surgery during this time frame is also anticipated.

Related Insights

Fall 2020 Defense Practice Update

MCB's Fall 2020 Newsletter Features the Following Articles: Status of the Courts: COVID-19 By: Daniel Freidlin and Alexandra Lopes Continuous Treatment Doctrine Considerations as the Pandemic Changes How Health Care Providers and Patients Engage By: Barbara DeCrow...

MD News: Emerging from the COVID-19 Outbreak: Radiology Practice Legal Considerations

By Thomas A. Mobilia, Esq. and Daniel L. Freidlin, Esq. The SARS-Cov-2 (Coronavirus or COVID-19) pandemic and the physical distancing measures taken to combat its spread have had a significant negative impact on businesses across the country. Medical practices were no...

Legislative Alert: A Step Backward

By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment Protection Act (EDTPA). That legislation conferred broad immunity on health...

Summer 2020 Defense Practice Update

MCB’s Summer 2020 Newsletter Features the Following Articles: "Understanding Telehealth and Related Malpractice Considerations in a Covid-19 World" by Rosaleen McCrory and Michelle Frankel "The Evaluation of NYS DOH Guidelines/Regulations Amid the Covid-19 Pandemic...

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Labor & Employment Legal Alert – Update on Covid-19 – Considerations for Reopening Your Business

Many businesses in New York are starting to think about when and how to reopen. Governor Cuomo has indicated that upstate regions could embark on a phased, partial reopening shortly after May 15, when the statewide stay-at-home order is currently scheduled to expire....

Labor & Employment Alert: Update on Covid-19 Employment Considerations for Small Businesses

As New York seems to have flattened the curve of infection, many business owners are starting to consider what it will take to get back to work. Getting Back to Work When evaluating whether it is safe to allow employees back into a workplace, businesses may,...

Valerie Ferrier Presents for LGBT Chamber of Commerce New York webinar

Our Partner and Head of the Firm's Labor & Employment Practice Group, Valerie K. Ferrier will be a panelist for the NGLCCNY - National LGBT Chamber of Commerce New York webinar: Capital, Law, and Taxes: What to know during the COVID Crisis. Please join Ms. Ferrier...

Receive Important & Timely Updates From Our Labor & Employment Team

Our Labor & Employment team provides the latest updates on issues affecting employers, including timely information about legislation and other relevant matters related to COVID-19. Visit bit.ly/laboremploymentalerts to sign up! Martin Clearwater & Bell LLP is...

COVID-19: Determining Your Sick Leave Requirements

  Martin Clearwater & Bell LLP is here to answer your employment questions.  

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