The Louisiana Health Emergency Powers Order – Crossfire

Health Law Talk Presented by Chehardy Sherman Williams

Under the Louisiana Health Emergency Powers Act, specifically at LA. R. S. 29:771 (B)(2)(c), during a state of public health emergency, any healthcare providers shall not be civilly liable for causing the death or, or injury to, any person or damage to any property except in the event of gross negligence or willful misconduct.  The statute cited herein has been evoked for a two-year period beginning on March 12, 2020 through March 12, 2022. During this two-year time period, healthcare providers have had immunity from civil prosecution resulting from medical malpractice negligence. The question is whether or not this statute, providing blanket immunity for general negligence to healthcare providers, during a healthcare declared emergency, creates unintended consequences for patients who are injured through negligence actions of a healthcare provider while being treated for medical ailments unrelated to the emergency declared by the governor for the state of Louisiana. This podcast delves into the plaintiff, or prosecution side, point of view and delves into the “unintended consequences” of giving providers blanket immunity for general negligence in carrying out their medical obligations to their patients. Conrad Meyer, board-certified healthcare attorney, sits down with special guests Bobby Malbrough, medical malpractice plaintiff attorney, and Carey Wicker, another medical malpractice plaintiff attorney, to discuss our guests point of view on this topic. This episode is part of a series on point and counterpoint regarding the Louisiana Health Emergency Powers Act, its constitutionality, its scope, the “unintended consequences,” and how this affects the public at large. 

Health Law Talk, presented by Chehardy Sherman Williams, one of the largest full service law firms in the Greater New Orleans area, is a regular podcast focusing on the expansive area of healthcare law. Attorneys Rory Bellina, Conrad Meyer and George Mueller will address various legal issues and current events surrounding healthcare topics. The attorneys are here to answer your legal questions, create a discussion on various healthcare topics, as well as bring in subject matter experts and guests to join the conversation.

We handle everything from regulatory and compliance check-ups to employment matters, Medicare and Medicaid issues to state and federal fraud and abuse regulations. Our healthcare attorneys are always staying up to date on the latest state and federal regulations to ensure that our knowledge is always accurate.

Our team has the expertise to assist you with compliance matters, HIPAA violations, payor contracts and employee negotiations, practice and entity formation, and insurance reimbursement issues, in addition to the full spectrum of other healthcare related issues.

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