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In an article published online in McKnight’s Long-Term Care News on September 8, 2021, Partner JJ Maskowitz discusses legal risk considerations for long-term care facilities in light of the surge in the Delta variant and the importance of developing, implementing and updating policies and procedures to navigate future emergencies. “Looking ahead, attention to these updates will prove vital to opposing claims from the Plaintiff’s bar as long-term care facilities are now faced with combating the effects of the Delta variant that has gripped the nation.” he writes. “This preparation will prove especially helpful considering that 30 states have now enacted broad
In an article published by Forbes Advisor on August 31, 2021, Partner Mariel Smith is quoted discussing whether employees who refuse to get vaccinated for COVID-19 as per their employer's policies might find themselves ineligible for unemployment benefits if they get fired. Employees have long understood that if they are fired, they can get unemployment benefits to tide them over until they find their next paycheck. But COVID-19 has introduced one major exception to this eligibility: if you are fired for being unvaccinated. If your employer has enacted a vaccination policy and you are terminated because you refuse to abide by it,
In an article published by the Tampa Bay Times on September 3, 2021, Partner Ryan Rivas is quoted discussing Tampa Bay hospitals’ vaccination policies and their hesitancy to mandate vaccination for employees. After 18 months of treating COVID patients, many nurses are leaving their jobs due to burnout. Hospital administrators fear that mandating vaccines will cause more nurses to quit, exacerbating staffing issues. “Hospitals also have to weigh how to navigate the heated political battleground around vaccines and masks,” says Rivas. “I think it’s akin to diving into murky waters,” he says. “You don’t know how the situation will change. COVID is
OKLAHOMA CITY, OK – SEPTEMBER 1, 2021 – Hall Booth Smith, P.C. is pleased to announce its 24th office as the attorneys at Oklahoma City-based boutique medical malpractice defense firm Heron, Fox, Trout & Sherry join the organization. Michael J. Heron, Chris L. Fox and Kevin K. Trout are joining Hall Booth Smith as Partners, along with Associate Patrick R.B. Sherry and other support staff. Heron will manage the Oklahoma City office, which is located at 2933 NW 156th St., Edmond, OK 73013, which marks the 10th state where Hall Booth Smith operates as the firm recently surpassed 300 attorneys across 30
Hall Booth Smith Attorney Sandra Cianflone joined Emerging Litigation Podcast host Tom Hagy to discuss the trend of growing damages awards in health care litigation. Damage awards in litigation against physicians, hospitals, and other health care providers have been consistently increasing, with juries awarding more than $20 million in a recent series of cases. What are the factors behind this mega-verdict trend, and what can defense attorneys do? “Ultimately what’s happening is the plaintiff is putting out their number to the jury first,” Cianflone explains. “Instead of having the plaintiff control the narrative as to what the value of a case is,
In an article published online in Physicians Practice on August 19, 2021, Partner R. Ryan Rivas discusses the importance of medical charting in minimizing malpractice risks. “For attorneys who represent healthcare providers, sometimes the patient's medical records can be the one piece of evidence that saves the day, but other times they can be the straw that breaks the camel's back,” he writes. “In countless medical malpractice cases, provider negligence can often be proven by poor, incomplete, or completely absent documentation. In contrast, negligence can be disproven simply by proper and effective charting. Rivas further explains the pros and cons of electronic
In an article published online in Law360 on August 16, 2021, Partner Richard Sheinis and Associates Brett Lawrence and Charles Langhorne offer 17 best practices for companies to defend against ransomware, in light of recent attacks. U.S. businesses were hit with “the biggest ransomware attack on record” in July. “This latest spate of ransomware attacks, which are believed to have emanated from Russian cybercrime groups, led President Joe Biden to demand that Russian President Vladimir Putin shut down the ransomware groups attacking American companies,” they explain. “While ransomware can affect the day-to-day lives of millions of Americans when it affects a company
Thirty lawyers from Hall Booth Smith, P.C. (HBS) have been honored as Best Lawyers: Ones to Watch. This recognition is given to attorneys, in a variety of practice groups, who are earlier in their careers for outstanding professional excellence in private practice in the United States. This honor is based on Best Lawyers’®  highly selective peer review process that has been used for nearly 40 years. The HBS attorneys and their designated practice areas are: Allison Averbuch (Atlanta)- Labor and Employment Law– Management, Litigation- Labor and Employment Alex Battey (Atlanta)- Health care Law, Medical Malpractice Law-Defendants Brittanie Browning (Atlanta)- Education
Hall Booth Smith, P.C. (HBS) is pleased to announce 25 lawyers from the firm were honored in the 2022 edition of The Best Lawyers in America© . This award is based on an evaluation process that includes a collection of client and lawyer evaluations and peer reviews from attorneys in the same field. These HBS attorneys and their designated practices are: Alexander H. Booth (Atlanta) – Medical Malpractice Law and Insurance Litigation Brittany Cone (Atlanta) – Health Care Law Brad Carver (Atlanta) – Utilities Law John E. Hall, Jr. (Atlanta) – Commercial Litigation, Medical Malpractice Law, Personal Injury Litigation, Health
WEST PALM BEACH, FL – July 30, 2021 – Hall Booth Smith, P.C. (HBS) welcomes Of Counsel Danielle Dudai and Associate Edward Dulatt to its West Palm Beach office as the firm expands to serve client needs in the state of Florida. Danielle Dudai concentrates her practice on corporate and partnership matters, business transactions, business litigation, blockchain and cryptocurrency compliance. She serves as outside general counsel to several small and mid-sized businesses in both the State of Florida and Texas. She regularly advises clients on ongoing matters within their businesses or individual transactions including contracts, employee agreements and handbooks, buy-sell agreements,
In an article published by Healthcare Risk Management on July 27, 2021, Associate Allison Averbuch is quoted discussing considerations for employers deciding whether to mandate the COVID-19 vaccine for employees. While recent Equal Employment Opportunity Commission (EEOC) guidance offers firm legal ground for employers to require employees to be vaccinated, several additional factors must be considered. The recent ruling in Texas, which “dismissed a lawsuit filed by employees of Houston Methodist Hospital challenging the hospital’s mandate that all employees receive the COVID-19 vaccine,” has proven influential in shaping policies across the country. “The court rejected the plaintiffs’ politicized argument that the mandate
“Telemedicine & Telehealth litigation risk rises as demand soars,” Physicians Practice In an article published online in Physicians Practice on June 26, 2021, Partner James Embrey discusses liability issues related to telemedicine and telehealth, as demand for both continues to increase. “Telemedicine and telehealth services were already on the rise before the COVID-19 pandemic and demand has soared since the shutdown as patients and providers alike recognized the efficiencies and convenience of delivering care remotely,” Embrey writes. The demand has surged out of increased necessity among people who couldn’t easily attend appointments in person, who were under quarantine because of possible COVID-19 exposure,