30 Mar COVID-19 Immunity from Professional Liability Claims
Healthcare providers throughout the nation are putting themselves at risk to respond to the COVID-19 pandemic. Acadia is working with its partners and colleagues across the US – including Curi and the Medical Society of NJ = to ensure that these providers are not exposed to malpractice lawsuits for such selfless acts.
Federal and State Governments alike are moving to help ensure that the blame for this unprecedented pandemic does not fall on the shoulders of those fighting it on the front lines. We commend the following protective and essential actions taken thus far.
CARES ACT: Limitations of Liability for Volunteers:
Only during the “Public Health Emergency,” healthcare professionals who volunteer will not be liable under federal or state law for any harm (physical, non-physical, and economic losses) caused by an act or omission in the provision of services in the diagnosis, prevention or treatment of individuals with suspected or confirmed COVID-19, if these services are provided within their scope of licensure/registration/certification and in good faith.
Healthcare professionals are considered volunteers if they do not receive compensation or any other thing of value in lieu of compensation. This excludes reimbursement for travel, room and board, if the volunteer travels greater than 75 miles from their principal place of residence. − Exceptions to the limits of liability: harm caused by willful or criminal conduct; gross negligence; reckless misconduct; conscious flagrant indifference to the rights or safety of patients or; healthcare professional is under the influence of alcohol or intoxicating drugs.
Executive Order 112
“Any individual holding a license, certificate, registration or certification to practice a healthcare profession or occupation in New Jersey, including but not limited to any advanced practice nurse or physician assistant acting outside the scope of their ordinary practice pursuant to paragraph 3 or 4 of this Order, shall be immune from civil liability for any damages alleged to have been sustained as a result of the individual’s acts or omissions undertaken in good faith in the course of providing healthcare services in support of the State’s COVID-19 response, whether or not within the scope of their practice and whether or not such immunity is otherwise available under current law. Such immunity shall not 11 extend to acts or omissions that constitute a crime, actual fraud, actual malice, gross negligence or willful misconduct.”
Supreme Court of New Jersey:
“It is ORDERED that effective immediately through Sunday, April 26, 2020, all depositions of and all required appearances for any doctors, nurses or other healthcare professionals who are involved in responding to the COVID-19 public health emergency are suspended, except for appearances and depositions (i) that are requested by the doctor, nurse o, or healthcare professional; or (ii) that are for matters related to COVID-19. “
“Subdivision (2) of section 6527, Section 6545, and Subdivision (1) of Section 6909 of the Education Law, to the extent necessary to provide that all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses shall be immune from civil liability for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services in support of the State’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of such medical professional;”
For information on how our network can help your State pass similar legislation and/ or orders, please contact email@example.com