I'd like to understand how this aspect of medical scenario has changed in the COVID-19 era. In US, for example, some states have offered immunity from civil liability to some healthcare workers for any damage resulting from an act or omission, except for gross negligence. What has been done in other countries?
In Italy, the ordinary law, concerning medical liability, was not changed during the COVID-19 emergency. https://www.quotidianogiuridico.it/documents/2020/04/15/lo-scudo-dei-medici-la-spada-delle-procure-la-riforma-mancata-della-colpa-medica-da-coronavirus
Considering the proposed laws, I suppose that ordinary law in Italy may change in the future, or not?
Matteo Nioi
Everything is very uncertain. Initially, Parliament made proposals. I don't think anything will change in the near future. Pietro Emanuele Napoli
is it possible that health care workers remain totally susceptible to legal disputes during a pandemic period? How can governments not protect their health care workers?
I agree with Matteo. In my humble opinion our current civil order is already able to cope with a COVID-19 like scenario. In particular, the art. 2236 (special difficulty) should 'protect' healthcare workers from compensation claims, being the pathology literally new!
As the liability profile would be then entirely on the Hospital/structure a no-fault scenario (indemnity, and not full compensation based) might be intriguing.
Thanks a lot! Excellent contribution Alberto Chighine ! Accordingly, I think that any ’unequivocal’ form of legal protection for medical doctors would be desirable
Raed Alnimer Thanks for your answer .. Are you referring to civil or penal liability?
Dear Pietro,
attached please find my analysis on private law impact of covid-19 as force majeure. This is based on polish civil code, but lots of regulations are common, and may also concern medical cases. Important changes I can moreover mention are in the judicial decisions, there are going to be much more possibilities to sue governement for negligence related to medical damage.
Best Regards !
Doctors and all of their stuff have the right to stop treatments once they feel danger on their lives, specially in states dont take serious measures to protect them. in the borders of their right to live, their liability stops.
Ashraf Samhan Thanks for your remark! Legislation is probably different in different countries.
Which country are you referring to?
Right, but this judgment related to general principles in law which can be applicable in all legal systems
Ashraf Samhan Thanks for reply. In that sense, it is possible to open a discussion on medical ethics principles. In my opinion, the issue is not easy to resolve. A point of reference is represented by the Hippocratic oath. The latter is probably the earliest expression of ethics in medicine regarding the Western world. The oath established different principles of medical ethics which remain points of reference today, such as those of medical confidentiality and non-maleficence.
Dear colleagues, I am writing to report a work from our group on medical liability in Italy.
https://www.researchgate.net/publication/342852348_COVID-19_and_medical_liability_Italy_denies_the_shield_to_its_heroes
I also suggest a previous work on the same theme by our group:
Safety recommendations and medical liability in ocular surgery during the COVID-19 pandemic: an unsolved dilemma. J. Clin. Med.2020; 9(5):1403. https://doi.org/10.3390/jcm9051403
This is a completely new situation in the life and health insurance sector.
