Nursing homes could be the hardest hit by legal problems related to how they handle the COVID-19 pandemic as they possess some of the highest at-risk populations.
And Missouri lawmakers worry about legal implications for business and healthcare workers as they transition to safer practices during the COVID-19 pandemic.
"When businesses re-open following government guidelines on health, safety and social distancing, they should have safe harbors from liability as trial lawyers look for ways to file opportunistic lawsuits,” Jacob Luecke, director of communications for the Missouri Chamber of Commerce and Industry, told the St. Louis Record.
The Missouri Chamber of Commerce and Agriculture is laying the groundwork to protect against opportunistic lawsuits that could be filed by lawyers in coming days and weeks. This protection for healthcare and business workers is part of a larger piece of legislation called Uniting for Recovery: A COVID-19 Economic Response Agenda.
Healthcare workers and business have done extraordinary jobs in keeping their industries alive during the COVID-19 pandemic, but it is this work that also leaves them vulnerable to potential lawsuits.
A company or healthcare worker could engage in behavior or practices that turn out to be detrimental as knowledge and awareness surrounding COVID-19 grows.
“Some Missouri businesses have needed to stay open to provide an essential product or service. Often, however, worksites were not designed for social distancing, and knowledge about the coronavirus continues to evolve. Some best practices that could still emerge may only be obvious in hindsight," Luecke said.
The Missouri Chamber of Commerce has put great effort into this new legislation. But there is still no definite plan about the state of affairs for the nursing home population.
“We believe lawmakers should work to ensure all businesses are protected against this type of litigation with a special recognition that health care providers face especially unique challenges,” said Luecke.
As of May 15, no lawsuits had been filed but to Daniel P. Mehan, president and CEO of the Missouri Chamber of Commerce and Industry, that is precisely the point.
“We can’t wait for the lawsuits to begin. We can’t leave health care workers and manufacturers exposed during this time. We need to rally behind these COVID-19 heroes. The Missouri General Assembly must act now. Let’s unite and shield the Missourians who are going above and beyond to help our state weather this crisis.” Mehan said.
“Lawmakers in Missouri had an extremely limited time frame in which to pass legislation relating to this crisis. That said, they have made good progress so far. On May 12, two significant pieces of legislation were sent to Gov. Mike Parson,” Luecke said.