COVID-19 Resource Catalog-State Guidance on State Level Medical Liability Protections

Pdf Summary

The document discusses the need for liability protections for physicians and other healthcare professionals during the COVID-19 pandemic. It highlights the shift in healthcare provision based on guidance and recommendations from various authorities, as well as concerns about potential liability. While existing federal and state laws offer some protections, more needs to be done. The document suggests that physicians on the front lines, those practicing telemedicine, and those making treatment decisions based on government directives are particularly in need of protection.<br /><br />Current federal and state protections include Good Samaritan statutes and laws that provide civil immunity to volunteer physicians in public health emergencies or disasters. Compacts and uniform laws also offer liability protections to healthcare professionals providing care in a declared emergency. The US Department of Health and Human Services Secretary has encouraged governors to develop liability protections for in-state and out-of-state physicians, including volunteers and recently licensed professionals.<br /><br />The document recommends that states review their existing civil immunity laws to address potential liability issues related to COVID-19. It suggests broad protections, such as physician immunity from civil liability for harm caused in the course of providing medical services in response to the outbreak, for volunteer physicians acting in good faith, and for care decisions based on directives. States may also consider immunity for physicians facing adverse action from state medical boards.<br /><br />To implement these policies, states can consider using executive orders or state legislation. Temporary executive orders can be used to amend existing statutes or regulations, but long-term protections may require state legislation. Sample language is provided for seeking executive orders or state legislation.<br /><br />The document also provides examples of states that have implemented liability protections through executive orders or legislation, as well as links to additional resources on liability protections during COVID-19.

Asset Subtitle

Cognizant of the liability issues arising from the COVID-19 pandemic, the American Medical Association worked with the Medical Professional Liability Association on the attached to help address these concerns at the state level.

Keywords

liability protections

physicians

healthcare professionals

COVID-19 pandemic

guidance

civil immunity

volunteer physicians

state legislation

care decisions

executive orders