HARRISBURG – As the coronavirus pandemic continues, Pennsylvania lawmakers are being called out by a civil justice reform group for not following the examples of other states that are providing legal immunity for those responding to the crisis.
Currently, 11 states have opted to limit the liability of health care providers to various degrees when providing medical care in support of the state’s COVID-19 response. These states include: Alabama, Arizona, Connecticut, Illinois, Kentucky, Louisiana, Maryland, Michigan, Mississippi, New Jersey and New York.
Such immunity legislation is also moving in other states.
In New York, legislation was passed on April 3 to protect medical facilities and their workers from litigation, as long as they are arranging for or providing health care services pursuant to a COVID-19 emergency rule or otherwise in accordance with applicable law, have committed an act or omission in the course of treatment if their decisions are impacted by COVID-19 and are operating in good faith.
If, however, their behavior constitutes “willful or intentional criminal misconduct, gross negligence, reckless misconduct or intentional infliction of harm,” then that same qualified immunity would not apply.
In Kentucky, an amended version of SB-150 provides immunity from civil liability for health care providers who render good faith care to a patient with coronavirus and businesses that converted their production to make needed personal protective equipment or hygiene supplies.
Curt Schroder, executive director of the Pennsylvania Coalition for Civil Justice Reform, criticized the state House of Representatives for not instilling legal protections against health care-related businesses due to COVID-19 prior to its recess.
“The Pennsylvania House had the opportunity to provide immunity for health care providers and businesses responding to the COVID-19 crisis during the past week. They left town without taking up legislation to provide this needed protection,” Schroder said.
“PCCJR and its members are working on proposals for immunity that are similar to immunity granted in many other states. PCCJR calls on the Governor and General Assembly to recognize that our health care heroes and businesses providing Personal Protection Equipment (PPE) should not be worrying about increased liability concerns when providing life-saving services and equipment needed to defeat this virus.”
According to Schroder, opportunistic plaintiff lawyers may use and take advantage of the extraordinary circumstances and procedures needed to provide COVID-19 care and save lives as a potential gateway to increased liability against health care providers and their staff, and create a litigation bonanza.
Such lawsuits may include:
• Lawsuits alleging a business negligently exposed a plaintiff to the coronavirus, even if they are asymptomatic;
• Lawsuits alleging an employer helped expose an employee to the coronavirus at work, outside the auspices of worker’s compensation litigation;
• Medical liability lawsuits connected to care provided during the coronavirus pandemic; and
• Product liability lawsuits directed at manufacturers producing crucial supplies for coronavirus care.
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com