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Many questions recently about #medmal liability in the era of #COVID19. Plaintiff's attorneys are already advertising to solicit cases -- while we are risking our own lives and the health of our families. What should you know? 1/ https://thelword.podbean.com/e/special-episode-litigation-risk-and-covid-19/
This is a departure from my normal focus on what happens AFTER a lawsuit is initiated -- but I was hoping to get some answers and reassurance for many questions. Litigation should be the last thing we are thinking about at this time. I speak with two defense attorneys 2/
...about things like: what happens if there are adverse events when your normal practice is constrained by external factors? What about patients we send home who are stable, but return having worsened? What if you are asked to practice outside your normal scope? 3/
What should retirees and volunteers know about protecting themselves, even if a gross negligence standard is in place? What about consents and documentation? What about in states that have adopted some form of the Model States Emergency Health Powers Act? 4/
The podcast has some general answers to these questions -- specific answers are unfortunately hard to come by in this changing landscape, and every state is different. But overall, news is reassuring. A few basic points: 5/
Limited liability or a gross negligence standard generally does NOT mean you cannot be sued. Lawsuits may still be filed. (Fewer, likely, due to the higher bar for the plaintiff --whether or not a gross negligence standard is adopted in your state). 6/
Because lawsuits may still be filed, and will need to be defended (and costs $$$ for attorneys), it is imperative that you verify that you have insurance coverage for whatever new role you find yourself in. Get this assurance in writing, even by email. 7/
If you are a retiree coming back to practice, it is essential that your medical license is also in order. Do not rely on the usual checks and balances -- everyone is making things up as they go along. Make sure YOU have everything in order, as much as you can, in writing. 8/
You may be making very difficult choices, working in unfathomable conditions. Document your circumstances (this does not have to be lengthy) as best you can. Refer to hospital policies, if in place. Keep the email correspondences about policies as they change. 9/
Remember the standard of care is contextual, even if a gross negligence standard is not in place. The 'standard' now is completely different than it was a month ago. 10/
Do some small things to protect yourself. Then be reassured, and return your mind to saving lives and fighting the good fight. /end
