Hospitals Bracing for Litigation from Infected ED Providers

June 18, 2020

Hospitals expect plenty of litigation from emergency department (ED) providers who have contracted COVID-19, often while working without adequate personal protective equipment (PPE).

Undoubtedly, some EDs will see more claims than others. “Most litigation arises from an emotional place. If there’s a perception that the hospital was doing everything they could, there will be fewer claims,” says Domenique Camacho Moran, JD, a partner at Farrell Fritz in Uniondale, NY.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act offers liability protections for malpractice claims made by patients. “However, there are no protections in the CARES Act as it relates to potential claims brought by employees against their employers,” says David E. Renner, JD, an attorney who works on employment and employee relations for Post & Schell in Pittsburgh.

If hospitals can prove they followed generally accepted standards in the community and complied with federal, state, and local guidance, says Renner, “that should go a long way to help defend against these types of claims.”

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