ST. LOUIS - Physicians and other healthcare workers are having to make hard and sometimes fast COVID-19 decisions at local medical centers and a coalition of trade associations has been working on a legislative amendment that would offer them increased time-limited liability protection.
“These are special circumstances,” said Dave Dillon, Missouri Hospital Association (MHA) spokesperson. “We want to ensure decision-making is clinical and not clouded with concerns about a potential lawsuit.”
The MHA has been working on an amendment with other healthcare organizations to present to the legislature if and when they reconvene next week.
“They are supposed to be back on Monday but there are challenges to legislate under orders to social distance and it isn't completely clear what will be on their agenda,” said Dillon. “It's likely the lawmakers will tackle the state budget and our hope is that, if they do come back, these liability protections will be among the proposals they address.”
MHA is preparing an amendment because it’s too late to propose a bill, according to media reports.
“No new bills can be filed at this time but there are many bills that could accept such immunity amendments," Richard AuBuchon, executive director of Missouri Civil Justice Reform Coalition Inc., previously told the St. Louis Record.
The legislative session technically ends in May however due to Gov. Mike Parson’s April 6 stay at home order, it was suspended. The executive order mandates that residents stay home until April 24, according to media reports.
“Liability protection must be implemented legislatively because it’s unlikely to hold up in court otherwise,” Dillon told the St. Louis Record. “The governor could issue an executive order but it doesn’t carry the same weight and there's nothing in the current statute that supports this particular type of temporary exemption.”
Although most healthcare workers have insurance or medical malpractice coverage, it may not cover the circumstances of care that occur under a sudden and unexpected pandemic in which hospitals are ill-equipped.
“Missouri clinicians may have limited protections for delivering care under what could be crisis standards,” said Dillon.