In response to COVID-19, states are considering expanding liability protection for physicians and other health professionals. For example, Governor Andrew Cuomo issued an executive order amending the status of New York`s Good Samaritans to grant health care workers broad civil immunity for injuries or deaths allegedly directly attributable to an act or omission of that health care professional in the course of providing medical services in support of the state`s response to the COVID-19 outbreak. unless it is proved that the injury or death was caused by gross negligence on the part of that physician. The EV is valid until April 22, 2020. On March 27, President Donald Trump signed H.R. 748, the CARES Act. This new law includes Good Samaritan language, which provides additional liability protection for health care volunteers during a COVID-19 emergency response (see Section 3215). Bill 1064 and House Bill 759 provide similar liability protection. The bills would provide that no natural or legal person involved in businesses, services, activities or accommodations will be held liable for a COVID-19 exposure measure unless the person or organization commits a reckless or willful misconduct that results in actual exposure to and injury to COVID-19. The bills also provide that no health care provider will be liable in a COVID-19 medical liability suit unless there is reckless or deliberate misconduct and the violation was caused by such misconduct. In addition, the bill also provides immunity from liability for individuals and corporations who design, manufacture, distribute, sell or give away a covered product in certain circumstances if the product is manufactured outside the ordinary course of business. This immunity does not apply to reckless or wilful misconduct, and legal action must be brought within two years of the date of the alleged damage.

In these difficult times, we have made a number of our articles on the coronavirus freely available to all readers. To receive all HBR content in your inbox, sign up for the Daily Alert newsletter. Opponents of corporate liability protection argue that the fear of litigation related to COVID-19 is unfounded, as liability would be particularly difficult to justify given the relatively long incubation period of the virus and the resulting difficulty in proving that a particular place of business was the source of a plaintiff`s COVID-19 infection. In addition, many lawsuits against employers would be prohibited under current employee compensation laws. Opposition to blanket corporate immunity from COVID-19 is also based on the claim that such protective legislation would remove any incentive for a company to maintain a safe workplace and could effectively penalize safety-compliant businesses by giving a competitive advantage to companies that choose to be irresponsible and minimize or ignore health and safety precautions. to save money and increase profits. A letter dated May 6, 2020 addressed to the Speaker and Minority Leader of the U.S. House of Representatives, as well as to the majority and minority leaders in the U.S. Senate of a handful of consumer groups, including Consumer Reports, is a letter dated May 6, 2020, addressed to the Speaker and Minority Leader of the U.S.

House of Representatives, and the majority and minority leaders of the U.S. Senate. the Consumer Federation of America and the National Association of Consumer Advocates. See the letter from Consumer Reports and others opposing the COVID Accountability Shield for Business (May 6, 2020). But employees may have a harder time winning lawsuits. Among the lawsuits filed against companies claiming to spread the coronavirus, many have focused on nursing homes, meatpacking plants, cruises and other hot spots that critics say have clearly neglected safety considerations. The Volunteer Protection Act 1997 (VPA) provides liability protection for volunteers, including doctors who provide services to non-profit or government agencies. A public health emergency or declaration of a national emergency is not required for these protective measures to apply. The coverage applies to an unpaid volunteer for simple negligence in the course of his or her responsibilities. Volunteer physicians are not responsible for economic damages sustained while providing medical care as part of their practice.

The Oregon governor signed House Bill 4402, which protects public and private schools as long as they are open in accordance with Oregon Health Authority`s guidelines for reopening schools. These policies align with county-to-county policies, schools open outside of their county`s risk level policies may not have liability protection. The law applies to COVID-19 claims made during the coronavirus state of emergency, which is currently in effect until May 2, 2021. The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act (Mississippi Code §§ 11-71-1 – 11-71-13) provides COVID-19 liability protection. Liability protection includes: The OSHA Standard for Blood-borne Pathogens (29 CFR 1910.1030) applies to occupational exposure to human blood and other potentially infectious material that does not generally contain respiratory secretions that may contain SARS-CoV-2 (unless visible blood is present). However, the provisions of the standard provide a framework that can help control some sources of the virus, including exposure to body fluids (e.g., respiratory secretions) that are not covered by the standard. On March 3, 2021, House Bill No. 2782, which provides that a business entity or person who owns a business cannot be held responsible for injuries or deaths caused by exposure to COVID-19 resulting from the company`s activities. This protection does not apply in cases of gross negligence or intent. If passed, this law will come into force on September 1, 2021. Some states extend this protection to care provided by volunteer physicians, often as part of a formal response team, in the event of a public health emergency, state of emergency, or other state-declared disaster proclamation issued by governors. State laws also provide liability protection for volunteer doctors who work in a free clinic, non-profit hospital, nonprofit organization, or as part of a government organization.

The rapid spread of liability protection is a legislative triumph for supporters of the measures, which include chambers of commerce and other pro-business groups that have warned that businesses could face a barrage of pandemic-related liability lawsuits. Laws have multiplied, although the wave of prosecutions invoked as justification has not arrived. It is important to look beyond the immediate legal requirements to look at the broader commercial and legal implications. For example, a company may not be required by law to pay an employee during a period when it excludes the employee from the workplace because that person was on a personal trip to a location where the transfer took place. However, the decision not to do so increases the likelihood that they will return to work sooner, infecting other employees, compromising business continuity, the legal liability of third parties such as customers, and contributing to an increase in infections. In a legislative frenzy, 30 states introduced liability protection in late 2020 and early 2021 to protect businesses from COVID-19 lawsuits, fearing companies could be sued for exposing their employees, customers or salespeople to the deadly and rapidly spreading disease. Texas, for example, does not require companies to offer workers` compensation insurance. But for workers who are uninsured, attempts to sue their employer for exposure to Covid-19 would still face high legal hurdles under the state liability protection measure, said Rene Lara, legislative director of the AFL-CIO of Texas. In January 2021, Missouri lawmakers introduced various laws to provide protection from civil lawsuits during the COVID-19 state of emergency. As of January 25, 2021, the bills have been summarized in Senate Bill 51. The bill provides that health care providers who provide care as a result of the COVID-19 pandemic will not be liable for civil damages unless the damages are due to malicious or deliberate misconduct. This protection would apply to all civil actions commenced on or after the day on which the Act comes into force.

In addition, an owner is protected from liability arising from a person`s claim for exposure to COVID-19, unless a plaintiff can prove intentional harm. There is a rebuttable presumption in favour of the owner if the owner publishes a warning message in the specific language specified in the bill. (Pending legislation): Senate Bill 1377, which passed the Senate on February 24, 2021, provides that if the Governor declares a public health pandemic, a person or provider acting in good faith to protect individuals from the public health pandemic will not be liable for damages in a civil suit. Protection does not exist if it is demonstrated by “clear and convincing evidence that the person or provider did not act or acted intentionally or with gross negligence.” It provides the same standard of protection and evidence for health care professionals and health care institutions. Causes of action arising on or after March 11, 2020 and before December 31, 2022 are included in this coverage.