For Doctors Treating Covid-19…Getting Sick Or Getting Sued
Just because an HCP is able to avoid getting infected by one of the COVID patients she is treating doesn’t mean she is out of danger. Nope. She can still get sued!!!
Check this out. What you will see is a list of Federal “Good Samaritan” laws that are already in place, including one specifically signed by President Trump in March to limit HCP liability during the pandemic. You will also see a report that the nation’s 50 Governors are being “urged” to back legislation that will shield HCP’s from litigation.
BUT. What seems to be a plethora of laws sue-proofing HCP’s is actually the reverse. The number of different laws that have already been penned, and those yet to come, virtually guarantees that physicians will be sued by plaintiff’s attorneys having a “field day” in the pandemic’s aftermath.
Bottom Line. This is really going to get stupid. As president of my community’s homeowners association, I just received notification that it is likely that our HOA’s insurance policy will NOT cover our defense or any awards if we get sued because someone claims he got COVID from our community swimming pool. A SWIMMING POOL! The CDC has declared that chlorinated water is, as one might guess, an extremely unlikely place for the bug to hang out. And how anyone could prove that he got COVID from our pool remains a quandary for our Board. BUT. In a world where plaintiff’s attorneys can get big bucks from settling a case without ever seeing the inside of a courtroom, all things are possible.
SO. Pity the HCP’s involved in this mess for yet another reason. The knock on their door might well come from a “nice” guy in a suit bearing a subpoena.