Senator proposes liability shield to protect radiologists, other docs from ‘plague of lawsuits’ during pandemic
One U.S. lawmaker has introduced legislation that could protect radiologists and other providers from a “plague of lawsuits” during the COVID-19 pandemic.
Sen. Ben Sasse, R-Neb., said his ‘‘Facilitating Innovation to Fight Coronavirus Act’’ would help to limit malpractice suits against doctors and nurses treating patients with the novel virus. He hopes the provision is included in upcoming legislative packages to further address COVID-19’s impact on the healthcare industry.
“In ERs and ICUs across America, doctors and nurses are writing the playbook as they fight this virus one day at a time,” Sasse, a member of the Senate Finance Committee, said in a statement. “These heroes need a common-sense liability shield so that they don’t have to worry about lawsuits while they’re scrambling to save lives.”
According to the bill, the liability shield would apply to healthcare providers who are testing, treating or taking any action to counter COVID-19’s spread. Liability would be limited, in particular for those using or modifying a medical device for an unapproved use; practicing without a license or outside of their area of specialty, if instructed to do so by someone with such a designation; or conducting testing or providing treatment to a patient outside the premise of a standard healthcare facility. New York state similarly has moved to protect providers from litigation.
House democrats are reportedly hoping to enact more safeguards for healthcare workers as part of the next round of coronavirus relief, dubbed “Phase 4.” That could include boosting personal protective equipment supplies, raising industry safety standards and expanding paid sick leave, House Speaker Nancy Pelosi, D-Calif., told reporters on a press call Monday.
“We must do more to help our helpers,” she said, according to Law360.
President Donald Trump on Friday signed Phase 3 of lawmakers’ efforts to address the pandemic—the Coronavirus Aid, Relief, and Economic Security Act. It includes $100 billion available to those hampered by the economic fallout from COVID-19, and expands practices’ eligibility to obtain small-business loans for relief.
The American College of Radiology also noted Monday that the CARES Act protects radiologists from liability in most cases, when providing their services on a volunteer basis.
Marty Stempniak has covered healthcare since 2012, with his byline appearing in the American Hospital Association's member magazine, Modern Healthcare and McKnight's. Prior to that, he wrote about village government and local business for his hometown newspaper in Oak Park, Illinois. He won a Peter Lisagor and Gold EXCEL awards in 2017 for his coverage of the opioid epidemic.