Pandemic Policies and Practices: A Conversation on Legal Liability, Immunity, and Retaliation during the Pandemic
Crisis standards of care, the possibility of rationing scarce
resources, and constraints placed on care activities usually provided as
standard of care, have raised concerns about the potential liability of
health care providers working during this pandemic. Health care workers, in turn,
have called for immunity from civil and criminal liability when they act in
good faith, and according to available guidelines, in crisis circumstances.
Further, some health care workers who have spoken out to the media about the
lack of Personal Protective Equipment (PPE) have been threatened with
retaliation by their employers. Can they sue institutions for this actual or
threatened retaliation? Could institutions be liable to their employees (for
negligence if their employees acquire COVID-19 because of a failure to provide
the PPE) or to patients who believe they acquired the virus because their
caregivers lacked PPE?
**Instructions to access the recording will be provided after
you register.**
Target
Audience
This
presentation is appropriate for public health and clinical professionals,
attorneys, researchers, students, and others interested in learning more about
pandemic preparedness.
Facilitator
Elizabeth Van Nostrand, JD
Instructor
Diane E. Hoffman, JD, MS is the Jacob A.
France Professor of Health Law at the University of Maryland Carey School of
Law and Director of the law school’s Law & Health Care Program. She
received her law degree from Harvard Law School and her Master's degree from
Harvard School of Public Health. She was one of the primary authors of
Maryland’s Health Care Decisions Act, which establishes standards and
procedures for making medical decisions for individuals at the end of life who
lack decision-making capacity. She has served as a member of a number of ethics
committees including those at the University of Maryland Medical System and the
Clinical Center at the National Institutes of Health. She is the founder and
director of the Maryland Healthcare Ethics Committee Network, a membership
organization that provides educational resources and consultation services to
ethics committees at health care facilities in Maryland. From June 1994–May
1995, Hoffmann was the Acting Staff Director of the Senate Subcommittee on
Aging reporting to U.S. Senator Barbara Mikulski. From 2008–2014 she served as
a member of the Board of Directors of the American Society of Law, Medicine,
and Ethics and as President of the Board in 2010 and 2011. She is currently a
member of the Maryland Stem Cell Commission, the Composite Committee of the
U.S. Medical Licensing Exam, and the Editorial Board of the Journal of Medical Regulation. Hoffmann
has published numerous articles on health law and policy issues in legal
journals as well as scientific and medical journals including Science, JAMA,
the NEJM, and Annals of Internal Medicine.
Technology
Requirements
This
recorded webinar is presented through the Vimeo Internet-based platform. A
computer with high-speed internet connection and the ability to download and
run this platform is required.
Creation
Date: This
training was recorded May 26, 2020.
For more
information about this course or for assistance with registration, contact marphtc@pitt.edu.