AUSTIN – Even though more than a dozen states have already taken measures to protect health care workers from possible COVID-19 litigation, Texas has yet to do so.
On April 3, Gov. Greg Abbott received a letter with the heading: “Re: Liability protection for physicians, health care providers, and health care facilities during declared COVID-19 disaster.”
Coordinated by the Texas Alliance for Patient Access (TAPA), a broad spectrum of the Texas health care community - including Texas Medical Association and Texas Hospital Association - banded together and asked the governor to issue liability protections so physicians and health care providers could continue to respond to the pandemic without the worry of getting sued after putting their lives on the line.
“Despite the good intentions and exhaustive efforts of these physicians and health care providers to care for Texas’ patients, many attorneys are already advertising for tort litigation involving health care in response to COVID-19,” the letter states. “Texas’ physicians and health care providers deserve better.”
A month after receiving the letter, Abbott has yet to issue an executive order providing temporary limited liability for health care professionals.
“Additionally, we’re asking the governor to issue a stay on lawsuits against health care workers,” said Jon Opelt, TAPA’s executive director. “Doctors need to treat patients, not sit in on depositions.”
Three states (New York, Kentucky and New Jersey) have already granted both executive orders and passed legislation to protect health care professionals battling the pandemic.
In all, fourteen states have provided Good Samaritan-like protections to health care workers and facilities.
While one could argue Good Samaritan protections aren’t meant to extend to trained medical professionals, no one debates that health care workers who confront the virus are highly susceptible to contracting and spreading a potentially lethal pathogen that has no vaccine and no proven cure.
“These healthcare workers have assumed the role of Samaritans in putting themselves and their families at considerable risk in treating others,” Opelt said. “Our request for an executive order is reasonable and appropriate.
“It is an acknowledgement of the dangerous environment, and unique circumstances health care workers endure and the constraints they face when treating known or suspected COVID-19 patients.”