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Considerations and Practicalities for Returning to the Workplace

As states relax their restrictions in the coming weeks and months, non-essential businesses may be permitted to reopen conditionally. Concerns about the transmission of COVID-19 remain amongst the workforce. Undoubtedly once shelter-in-place orders have been lifted and employers are permitted to reopen their workspaces, they will need to do so with caution. Protective measures have been published by the CDC,

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Urgent Care – an Emerging Source for Medical Malpractice Attorneys

Introduction Urgent care centers are increasingly becoming Americans’ go-to option for certain health problems according to a study in JAMA Intern Med. 2018. Visits to urgent care clinics increased by 119% among commercially insured Americans between 2008 and 2015. During the same time period, emergency room visits for low-severity conditions — like those treated at urgent care centers — decreased by 36%.

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Long Term Care Facilities, COVID 19 and Liability

Introduction According to the Centers for Disease Control and Prevention (CDC), more than 1.3 million individuals reside in 15,600 nursing home facilities across the United States.[1] Nursing homes and other long-term care facilities (LTCF) are in the midst of difficult times. On one hand and to a significant extent, a perfect storm exists for the occurrence of elder abuse and

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Terminal Illness and The Loss-of-Chance Doctrine

“The burning candle of life is such a precious thing in anyone’s existence that no one has the right to extinguish it before it flickers out into perpetual darkness and oblivion.”[1] Introduction Life-limiting illness and the prospects of end of life are a harrowing time in a person’s life. Death is a question of ultimate concern for every human being.

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The Historical Evolution of Negligent Infliction of Emotional Distress

Introduction This article examines the history of negligent infliction of emotional distress (NIED) and mental anguish jurisprudence. The courts have historically been reluctant to allow for recovery of emotional injury in the absence of physical injury.[1] To this day, tort law continues to distinguish sharply between physical harm and emotional harm, with emotional harm being the marginalized sibling. Yet advances

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How to Make the Most of Your Medical-Legal Consulting Budget

Undoubtedly medical malpractice attorneys require the aid of medical professionals. The costs are considerable (discussed below). Yet Medical-legal consultants are an integral part of the legal team. They assist attorneys with the complicated medical aspects of their cases. They have inside knowledge gained from the years spent working in the medical field. May legal firms are left with the questions

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