LAMMICO DEFENSE COUNSEL SEMINAR LAMMICO held its annual defense counsel seminar November 10th through the 12th during which LSMS Vice President of Legal Affairs, Lauren Bailey, and LSMS Vice President of Governmental Affairs, Maria Bowen, presented the Legislative Update.
complaints, and the Gross Negligence Doctrine. There was significant discussion relative to the letter, which can be viewed below, sent by the Louisiana Association for Justice to medical review panel chairs stating that they are not inclined to use attorney chairpersons who intend to allow the medical review panels to apply the qualified immunity provisions of the Louisiana Health Emergency Powers Act, La. R.S. 29:771(B)(2)(c) as well as current efforts to seek a ruling that the panel chairs must instruct the panelists in the modified gross negligence standard under the LHEPA.
The two provided an overview of significant legislation from the 2021 Fiscal Session of the Louisiana Legislature, the Veto Override Session that followed, as well as what we expect to see next year. You can access the slide deck below. Other topics of interest centered around the impact of COVID-19 on hospitals and primary care physicians, defending LSBME
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April 15, 2021
Dear Attorney Chairperson,
As you know, Governor John Bel Edwards declared a public health emergency for the entire State on March 11, 2020. The public health emergency has been extended multiple times and is still in effect. In 2003, the Legislature enacted a body of!aw authorizing the governor to declare public health emergencies and in that law is a Section that purports to grant qualified immunity to health care providers during a public health emergency. Specifically, La. R.S. 29:771.B.(2)(c)(i) originally provided that: "During a state ofpublic health emergency, any health care providers shall not be civilly liable for causing death of, or injury to, any person or damage to any property except in the event of gross negligence or willfol misconduct." In October 2020, the law was amended to read as follows: "During a state of public health emergency, no health care provider shall be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct." You will note that Title 40 is not referenced in the law. You will also note that "patients", "medical care or treatment", and "medical review panels" are also not mentioned in the miscellaneous provision. SCANNeO ___ , __ - LETTER SENT BY THE LOUISIANA ASSOCIATION FOR JUSTICE CLICK TO VIEW
LEGISLATIVE UPDATE CLICK TO VIEW
WANTED: PHYSICIANS TO SERVE IN THE LEGISLATURE
INTERESTED? IF SO, SAVE THE DATE LSMS LEGISLATOR BOOTCAMP SATURDAY, FEBRUARY 5, 2022 9:00 TO 3:00 RSVP: to jeff@lsms.org
LEGISLATOR LSMS BOOTCAMP
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