Unfortunately, it appears that the executive order (EO 202.10) that relieved providers of recordkeeping requirements and provided immunity from liability for any failure to comply with recordkeeping requirements in order to perform tasks to respond to Covid was issued on 3/23/20. It suspended various statutes pertaining to record keeping, and it says that the statutes were suspended for the period from the date of this Executive Order through 4/22/20 (and continued thereafter in subsequent EOs). Note that the original executive order (EO 202) was also issued in March on 3/7/20. The executive order is attached should you find an argument in it.
Michael Maher
Trial Attorney
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M.Maher@sbs-law.com
[cid:phonejoe_d2b9d5a2-522a-4fea-b37b-8c5b5641e3da.png] (516) 277-4463
[cid:locationjoe_e4f418ca-a7c9-4c09-b03d-32128ba2c840.png] 1800 Northern Boulevard, Roslyn, NY 11576
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From: list
To: list
*** Member’s Message ****
Sender: Robert Sappe
Date: 10/17/2024 3:28:07 PM
Plaintiffs attorney is trying to weave in a claim of inadequate record keeping by my surgeon in the hospital records in the midst of my trial. The events in question in my case took place from February 20, 2020 through February 28, 2020, just before the shutdown in March. My surgeon mostly relied on PAs to generate the notes. Things were already getting crazy in the hospitals when this happened. Are there any Covid defenses available for a claim of inadequate documentation, when the alleged inadequate documentation occurred just before the shutdown?
Robert R. Sappe, Esq.
Feldman, Kleidman, Collins & Sappe, LLP
995 Main St., P.O. Box A
Fishkill, NY 12524
(845)897-5199
www.FKCS.law
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