Starnes, Davis, Florie, LLP has drafted a summary with some guidance on documentation for physicians concerning some protection in response to potential liability issues facing physicians during the COVID-19 declared emergency. Governor Ivey’s March 13, 2020 Proclamation declared a state public health emergency. The Proclamation grants certain immunity from lawsuits if a provider in a covered “health care facility” is practicing pursuant to an “alternative standard of care” plan. The “alternative standard of care” must be set forth in the “health care facility’s” emergency operation plan, and the specific language or “standards of care” may differ from facility to facility. Starnes suggests documenting the circumstances surrounding each patient and the reasons for clinical decisions. [LINK to previous article]. Personnel and a facility are entitled to limited immunity when practicing consistent with those methods outlined in the alternative standard of care. Physicians should look to the hospital for the specific protective language.
The PREP Act provides limited immunity for the administration or use of covered countermeasures to treat, diagnose, cure, prevent, or mitigate COVID-19. The PREP Act covers providers for the administration or use of any antiviral, any other drug, any biologic, any diagnostic, any other device, or any vaccine used in the treatment of a COVID-19 patient.
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