Emergency Legal Preparedness for Hospitals and Health Care Personnel

Hodge, James G.; García, Andrea; Anderson, Evan D.; Kaufman, Torrey

doi:10.1097/dmp.0b013e31819d977c

Cited by 24 publications

(36 citation statements)

References 13 publications

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“…5,14,17–19 The health-care-related impacts of these storms have also demonstrated that failing to appropriately respond to and adequately plan for disasters can expose HCWs and their supporting entities (eg, hospitals, clinics, nursing facilities) to serious liability claims. 3,7,9,20,21 …”

Section: Resultsmentioning

confidence: 99%

“…40 Retrospective reviews should also assess whether clinicians unfairly allocated care by not following adopted processes between populations (eg, by ethnic or religious groups). 3 Principles of equal protection do not dictate that all persons be treated identically; rather, treatment variations must be based on appropriate differences among individuals.…”

Section: Resultsmentioning

confidence: 99%

“…1 Among other things, law can help to establish more flexible response environments by authorizing actions that otherwise would not be permitted (eg, through declaring emergencies, waiving specific health-care laws and regulations, permitting care to be provided by foreign medical teams [FMTs], and so forth) and providing liability protections for specific health-care practitioners or entities engaged in good faith response actions. 3,4 …”

Section: Introductionmentioning

confidence: 99%

“…3,5–9 Focusing on the underlying legal duties of hospitals and critical care clinicians to appropriately plan for and deliver the best care possible to the greatest number of patients during disasters, we discuss legal suggestions developed by the American College of Chest Physicians (CHEST) Task Force on Mass Critical Care to facilitate and support planning and response efforts for mass casualty incidents involving critically ill or injured patients. The suggestions in this chapter are important for all of those involved in a disaster or pandemic with multiple critically ill patients, including front-line clinicians, hospitals, and public health or government officials.…”

Section: Introductionmentioning

confidence: 99%

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Legal Preparedness

Courtney¹,

Hodge

Toner

et al. 2014

Chest

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BACKGROUND Significant legal challenges arise when health-care resources become scarce and population-based approaches to care are implemented during severe disasters and pandemics. Recent emergencies highlight the serious legal, economic, and health impacts that can be associated with responding in austere conditions and the critical importance of comprehensive, collaborative health response system planning. This article discusses legal suggestions developed by the American College of Chest Physicians (CHEST) Task Force for Mass Critical Care to support planning and response efforts for mass casualty incidents involving critically ill or injured patients. The suggestions in this chapter are important for all of those involved in a pandemic or disaster with multiple critically ill or injured patients, including front-line clinicians, hospital administrators, and public health or government officials. METHODS Following the CHEST Guidelines Oversight Committee’s methodology, the Legal Panel developed 35 key questions for which specific literature searches were then conducted. The literature in this field is not suitable to provide support for evidence-based recommendations. Therefore, the panel developed expert opinion-based suggestions using a modified Delphi process resulting in seven final suggestions. RESULTS Acceptance is widespread for the health-care community’s duty to appropriately plan for and respond to severe disasters and pandemics. Hospitals, public health entities, and clinicians have an obligation to develop comprehensive, vetted plans for mass casualty incidents involving critically ill or injured patients. Such plans should address processes for evacuation and limited appeals and reviews of care decisions. To legitimize responses, deter independent actions, and trigger liability protections, mass critical care (MCC) plans should be formally activated when facilities and practitioners shift to providing MCC. Adherence to official MCC plans should contribute to protecting hospitals and practitioners who act in good faith from liability. Finally, to address anticipated staffing shortages during severe and prolonged disasters and pandemics, governments should develop approaches to formally expand the availability of qualified health-care workers, such as through using official foreign medical teams. CONCLUSIONS As a fundamental element of health-care and public health emergency planning and preparedness, the law underlies critical aspects of disaster and pandemic responses. Effective responses require comprehensive advance planning efforts that include assessments of complex legal issues and authorities. Recent disasters have shown that although law is a critical response tool, it can also be used to hold health-care stakeholders who fail to appropriately plan for or respond to disasters and pandemics accountable for resulting patient or staff harm. Claims of liability from harms allegedly suffered during disasters and pandemics cannot be avoided altogether. However, appropriate planning and l...

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Legal Preparedness

Courtney¹,

Hodge

Toner

et al. 2014

Chest

Self Cite

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“…The terrorist attack on September 11, 2001, and the subsequent anthrax bioterrorism scare riveted the nation, and the attention of public health officials was focused on the importance of health care provider preparedness. [6][7][8][9] Four years later, Hurricane Katrina directed national focus to the response side and the unique challenges of caring for children during disasters. 1,[10][11][12] Countless children, many displaced from families, received medical care during Hurricane Katrina and in the days to weeks after its devastation.…”

Section: Introductionmentioning

confidence: 99%

Understanding Liability Risks and Protections for Pediatric Providers During Disasters

et al. 2019

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Although most health care providers will go through their careers without experiencing a major disaster in their local communities, if one does occur, it can be life and career altering. The American Academy of Pediatrics has been in the forefront of providing education and advocacy on the critical importance of disaster preparedness. From experiences over the past decade, new evidence and analysis have broadened our understanding that the concept of preparedness is also applicable to addressing the unique professional liability risks that can occur when caring for patients and families during a disaster. Concepts explored in this technical report will help to inform pediatric health care providers, advocates, and policy makers about the complexities of how providers are currently protected, with a focus on areas of unappreciated liability. The timeliness of this technical report is emphasized by the fact that during the time of its development (ie, late summer and early fall of 2017), the United States went through an extraordinary period of multiple, successive, and overlapping disasters within a concentrated period of time of both natural and man-made causes. In a companion policy statement (www.pediatrics.org/cgi/doi/10.1542/peds.2018-3892), recommendations are offered on how individuals, institutions, and governments can work together to strengthen the system of liability protections during disasters so that appropriate and timely care can be delivered with minimal fear of legal reprisal or confusion.Drs Santucci and Anderson substantially contributed to the conception and design of the policy statement and technical report, analysis and interpretation of information and references, writing of specific portions of the manuscripts, critical review, and revisions; Dr McDonnell substantially contributed to refining the conception and design of the policy statement and technical report, analysis and interpretation of information, critical review, and revisions; Dr Altman was responsible for the original ideas, conception, and design of the policy statement and technical report, acquisition and analysis of information and references, design of articles, outline of topics, draft of both manuscripts and writing of specific portions, compilation of other authors' contributions, editing, critical review and revisions, and response

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Facilitating Hospital Emergency Preparedness: Introduction of a Model Memorandum of Understanding

Hodge¹,

Anderson

Kirsch

et al. 2011

Disaster med. public health prep.

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ABSTRACTEffective emergency response among hospitals and other health care providers stems from multiple factors depending on the nature of the emergency. While local emergencies can test hospital acute care facilities, prolonged national emergencies, such as the 2009 H1N1 outbreak, raise significant challenges. These events involve sustained surges of patients over longer periods and spanning entire regions. They require significant and sustained coordination of personnel, services, and supplies among hospitals and other providers to ensure adequate patient care across regions. Some hospitals, however, may lack structural principles to help coordinate care and guide critical allocation decisions. This article discusses a model Memorandum of Understanding (MOU) that sets forth essential principles on how to allocate scarce resources among providers across regions. The model seeks to align regional hospitals through advance agreements on procedures of mutual aid that reflect modern principles of emergency preparedness and changing legal norms in declared emergencies.(Disaster Med Public Health Preparedness. 2011;5:54-61)

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Emergency Legal Preparedness for Hospitals and Health Care Personnel

Cited by 24 publications

References 13 publications

Legal Preparedness

Legal Preparedness

Understanding Liability Risks and Protections for Pediatric Providers During Disasters

Facilitating Hospital Emergency Preparedness: Introduction of a Model Memorandum of Understanding

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