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Hospitality Law Conference Sneak Preview: Medical Emergencies

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The Tenth Annual 2012 Hospitality Law Conference, which will be held Febuary 8-10, in Houston, offers up to 17.0 hours (including 1.0 hour of ethics) of CLE, CPE, and HRCI recertification hours. For …

The Tenth Annual 2012 Hospitality Law Conference, which will be held Febuary 8-10, in Houston, offers up to 17.0 hours (including 1.0 hour of ethics) of CLE, CPE, and HRCI recertification hours. For more information, please visit www.hospitalitylawconference.com.

Register today!

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Transcript

  • 1. MEDICAL EMERGENCIES AT YOUR HOTEL, RESTAURANT OR BUSINESS AN ANALYSIS OF DUTY, RISK AND LIABILITY
  • 2. Presenters
    • Click to add photo
    • JERRY D. HAMILTON, ESQ.
    • Founding managing shareholder of Hamilton Miller & Birthisel, LLP, a Martindale Hubbell AV rated law firm.
    • Florida Board Certified litigator who has been named by the South Florida Business Journal as the BEST OF THE BAR in litigation.
    • Recognized by Law & Politics as a Florida Super Lawyer every year since 2006, and named as one of Chartis ’ Insurance Top Ten Lawyers in 2010
    • Practice dedicated to litigation, including, admiralty and maritime claims, hospitality law claims, transportation, personal injury defense, property and casualty, commercial litigation, medical and professional malpractice, products liability, and mass torts.
    • www.hamiltonmillerlaw.com
  • 3. INTRODUCTION
    • Proliferation of lawsuits premised on allegedly inadequate responses to medical emergencies
    • Filed against hotels, resorts, restaurants, spas, gyms, sports clubs, etc.
    • High exposure
      • Involve death or serious disability
      • Very high potential medical and economic damages
      • Strong emotional component
      • Jury sympathy
  • 4. INTRODUCTION (cont)
    • Lawsuits very costly to defend
      • Numerous fact, medical, and expert witnesses
      • Can span many years
    • Complicated medical issues
      • Causation and damages
  • 5. INTRODUCTION (cont)
    • Effective Preparation and Risk Management is Key
      • To ensure reasonable responses to emergencies
      • Prevent claims
      • Prevent claims from becoming lawsuits
      • Increase likelihood of summary adjudication in event of lawsuit
  • 6. INTRODUCTION (cont)
    • Jurisprudence is instructive.
    • Restatement (Second) of Torts and Court decisions provide insight
      • How to prepare for medical emergencies
      • How to respond
      • How much is too much
      • What to document
      • Preservation of evidence

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