The Pathology (and Politics) of Liability Shields
The COVID liability landscape has presented less of a narrative about the development of substantive torts doctrine and more a study in politics.
Liability
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Read more: The Pathology (and Politics) of Liability Shields -
Read more: Tort Liability is a Potentially Powerful Tool for Pandemic Response Tort Liability is a Potentially Powerful Tool for Pandemic Response
Liability exposure encourages precautions through economic incentives rather than administrative agency directives.
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Read more: California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19 California Supreme Court to Decide If Employers May Be Liable for ‘Take-Home’ COVID-19
Should an employer be held liable if an employee contracts COVID in the workplace and subsequently “takes it home” and infects a family member?
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Read more: COVID-19 and the Problem of Multiple Sufficient Causes COVID-19 and the Problem of Multiple Sufficient Causes
Thanks to the COVID-19 pandemic, what seemed like an antiquated doctrine to be relegated to the age of sparking trains may be steaming back into relevance.
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Read more: The Impossibility of Legal Accountability for COVID-19 Torts The Impossibility of Legal Accountability for COVID-19 Torts
Torts scholars reflect on questions surrounding whether and how entities might be held liable for the harms associated with SARS-CoV-2 infection.
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Read more: The Dr. Oz Paradox The Dr. Oz Paradox
Why does the law sanction giving bad advice to one patient, while it permits giving bad advice to millions of YouTube or television viewers?
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Read more: The PREP Act and Nursing Homes’ Fight to Move COVID Claims to Federal Court The PREP Act and Nursing Homes’ Fight to Move COVID Claims to Federal Court
The Third Circuit Court of Appeals’ ruling avoids extending a federal statute limiting pandemic liability into unprecedented areas.
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Read more: Reclassification of Genetic Test Results: Potential Time Bombs in the Medical Record? Reclassification of Genetic Test Results: Potential Time Bombs in the Medical Record?
There is an increasing drumbeat of support for an ethical and legal duty for physicians to reinterpret genetic test results.
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Read more: Long-Term Care After COVID: A Roadmap for Law Reform Long-Term Care After COVID: A Roadmap for Law Reform
There are a series of practical reforms that could readily improve the quality of nursing home care.
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Read more: Ethical and Legal Challenges Faced by Hospitals in New York’s First COVID-19 Surge Ethical and Legal Challenges Faced by Hospitals in New York’s First COVID-19 Surge
Supporting doctors and health care workers during times of crisis requires making concrete plans in advance for the worst case scenarios.
