AMA disaster journal study finds medical emergency responders need greater liability protection

[CAL/AAEM News Service]

 AMA disaster journal study finds medical emergency
responders need greater liability protection 

 

Source: The American Medical Association (http://www.ama-assn.org)

Date: January 15, 2009

 

 

CHICAGO – Public health emergency relief efforts can be
hindered because the U.S. lacks clear liability protection laws for all medical
emergency responders. Concerns about liability exposure and a lack of guidance
on the scope of liability that medical emergency responders could face may make
doctors, nurses, and other health care professionals wary of responding to
emergencies. These are the findings of a study published today in the American
Medical Association’s (AMA) Disaster Medicine and Public Health Preparedness
journal.

 

The study finds that the U.S. liability law is a patchwork
with many gaps and inconsistencies that do not always protect health care
providers during emergencies. Hospitals or clinics that donate their time,
space, supplies, and resources to emergency response efforts and individual
responders who continue to receive a salary from their employer are at the
greatest risk. The absence of liability protection is of concern because these
health care professionals are likely to be on the front lines as hundreds or
thousands of patients rush to emergency rooms, clinics and physicians offices.
They could be sued and found liable for a variety of decisions and actions made
during a public health emergency.

 

“Without clear direction on liability exposure and
protection, medical responders may be hesitant to participate in essential
response activities,” said study lead author Sharona Hoffman, J.D., senior
associate dean and co-director for the Law-Medicine Center at Case Western
Reserve University School of Law. “Clarification of liability and immunity
standards for health care professionals could greatly contribute to the
effectiveness of public health emergency response.”

 

Although Congress and all 50 states have limited laws that
provide some level of liability protection for volunteers responding to a
public health emergency, more legislative clarification is needed. A
comprehensive immunity provision that addresses liability for all health care
providers is one potential approach. One possible model would be to establish
that as long as certain conditions are met, no medical responder could be
liable for injuries or harm caused by good faith actions used in a public
health emergency. Responders must act under the direction of governmental authorities
or nonprofit organizations, and they cannot be engaged in willful misconduct,
gross negligence or criminal activity.

 

“In crafting appropriate liability and immunity provisions
for public health emergencies, policymakers must balance individual justice and
general public welfare,” said Ms. Hoffman. “The law should encourage
involvement in response activities without excusing misconduct.” 

 

The study has been released early on the AMA disaster
journal Web site at http://www.dmphp.org/pap.dtl and will be published in the
journal’s March 2009 issue.

 

# # #

 

Editor’s Note: To obtain complete online access to the
journal, contact AMA Media Relations at (312) 464-4813 and provide appropriate
press credentials. The AMA’s Disaster Medicine and Public Health Preparedness
journal maintains editorial independence and the statements and opinions in the
journal, including the articles referenced above, are not those of the AMA or
Lippincott Williams & Wilkins. This article will be included in the next
issue of the journal to be published in March 2009.

 

About AMA’s Disaster Medicine and Public Health Preparedness
Journal

 

The AMA Disaster Medicine and Public Health Preparedness
journal was created to promote public health preparedness and the science of
disaster medicine. It is the first comprehensive, peer-reviewed publication
emphasizing public health preparedness and disaster response. The journal is
published for the AMA by leading health care publisher Lippincott Williams
& Wilkins An online version can be found on the web at www.dmphp.org and
also is available on the Journals at Ovid platform.

For more information, please contact:

Leah Dudowicz

AMA Media Relations

 

(312) 464-4813

 

http://www.dmphp.org/pap.dtl

 

http://www.ama-assn.org/ama/pub/category/20375.html


Abid Mogannam &
Brian Potts MD, MBA
Managing Editors, CAL/AAEM News Service
University of California, Irvine

The CAL/AAEM Archives are available at: http://maillists.uci.edu/mailman/public/calaaem/

CAL/AAEM, a nonprofit professional organization for emergency physicians, operates the CAL/AAEM News Service solely as an educational resource for physicians. Dissemination of an article by CAL/AAEM News Service does not imply endorsement, agreement, or recommendation by CAL/AAEM News Service, CAL/AAEM, or AAEM.  


      
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