Medical malpractice carriers giving, getting leeway in face of COVID-19 pandemic

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Medical malpractice insurers have responded with flexibility as their clients deal with liability concerns produced by the COVID-19 pandemic, writes Tom Jacobs for S&P Global Market Intelligence.

Tiger Joyce, president of the American Tort Reform Association, said concepts of liability and delivery of healthcare have been “fundamentally altered” by the pandemic.

“It has affected considerations about duty of care, appropriate decision making … with respect to looking at a particular scenario, or a particular patient or circumstances,” Joyce said in an interview. “It is a circumstance that’s … truly unprecedented.”

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.