Life-or-Death Hospital Decisions Come With Threat of Lawsuits
From the article:
Doctors and hospitals overwhelmed in the pandemic will have to make their excruciating life-or-death decisions meticulously or they risk being second-guessed by a jury when the onslaught is over.
Lawyers who defend health care providers are already giving advice on how their clients can avoid liability if they’re forced to choose between patients. How they prepare for this battlefield triage now -- and how they practice it in the chaos of peak infections -- will determine whether negligence cases against them are dismissed or lead to trials or settlements over the death of a parent or spouse.
“The key, in my opinion, is to have clear written policies that do not discriminate or single out certain types of patients based on age, gender, race or any of those unlawful, suspect criteria,” said Nick Oberheiden, who represents doctors in malpractice litigation.