04.25.2023
Claim Study
Patient Care At Risk: Preventing Medication Errors
This medication error case study discusses a tragic claim involving a newborn infant.
Learn MoreGiven the rapidly-changing circumstances facing our Participants, including the potential utilization of medical volunteers, we thought it would be helpful to remind you that there is limited coverage for volunteers under your Trust Fund coverage agreement.
Generally, subject to the provisions of the coverage agreement and any applicable endorsements, coverage is provided for “volunteer workers” except:
As you consider your exposure related to medical volunteers, we also want to mention there may in some circumstances be a statutory limitation of liability applicable to health care providers including but not limited to medical volunteers. For example, La. Rev. Stat. 29:771 may potentially limit liability to gross negligence or willful misconduct during a state of public health emergency.
La. Rev. Stat. 37.1731 and/or 1731.1 may potentially provide limited liability for certain medical personnel in certain narrowly-described circumstances.
Finally, on the federal level, the “CARES Act”, at section 3215, indicates that (subject to limited exceptions) a health care professional shall not be liable under Federal or State law for any harm caused by an act or omission of the professional in the provision of health care services during the public health emergency with respect to COVID-19 declared by the Secretary of HHS if:
The exceptions listed in subsection (a) do not apply if:
The CARES Act section above provides for preemption of State law to the extent inconsistent with this section, unless such laws provide greater protection from liability.
The CARES Act limitation of liability is very broad but only for a volunteer who (by definition in the Act) “…does not receive compensation or any other thing of value in lieu of compensation…”, which compensation includes any insurance, health plan or Federal or State payment; but excludes the items used exclusively for rendering COVID-19 services and reimbursement for travel to the site and for room and board if the services re-rendered more than 75 miles from the volunteer’s principal place of residence.
Another practical and important restriction is imposed by the definition of “health care services”, being those relating to dx, prevention or treatment of COVID-19; or the assessment or care of a person related to an actual or suspected case of COVID-19.
While we are all hopeful that these statutes will provide protection for exposures related to using medical volunteers, we do urge you to continue your due diligence and follow your normal protocols.
Should you have any specific questions related to medical volunteers or any other coverage-related questions, please do not hesitate to contact Cindy Dolan at 225.202.3128 or via email cindy@lhatrustfunds.com
04.25.2023
Claim Study
This medication error case study discusses a tragic claim involving a newborn infant.
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