Doctors and hospitals overwhelmed in the pandemic will have to make their excruciating life-or-death decisions meticulously or they risk being second-guessed by a jury when the onslaught is over.
Lawyers who defend health care providers are already giving advice on how their clients can avoid liability if they’re forced to choose between patients. How they prepare for this battlefield triage now — and how they practice it in the chaos of peak infections — will determine whether negligence cases against them are dismissed or lead to trials or settlements over the death of a parent or spouse.
Hospitals and doctors are focused on care right now, as they should be, said Sean Zabaneh, a lawyer with Duane Morris LLP in Philadelphia who represents them in court.
Still, he said, they should be “making sure they have insurance coverage in place that is applicable to the new circumstances that are becoming more normal every day as a result of the pandemic, and staying up to date on the quickly evolving legal standards and legislation.” Lawmakers could pass legislation to protect health care providers that adhere to the standard of care, he added.
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