Nebraska Republican Ben Sasse recently introduced the Facilitating Innovation to Fight Coronavirus Act.<\/p>\n
The coronavirus stimulus package already gives limited immunity to some volunteer healthcare workers. Now, a GOP senator wants to take things a step further.<\/p>\n
This provision would eliminate civil and criminal liability<\/a><\/u> for health care providers who, while combating COVID-19, practice outside their areas, use medical devices for unapproved purposes, or service patients outside a hospital, clinic, or other acceptable area.<\/p>\n \u201cIn ERs and ICUs across America, doctors and nurses are writing the playbook as they fight this virus one day at a time.<\/p>\n These heroes need a common-sense liability shield so that they don\u2019t have to worry about lawsuits while they\u2019re scrambling to save lives,\u201d the senator said in a statement.\u201d<\/p>\n Immunity would not apply to grossly negligent acts.<\/p>\n The bill would also relax recordkeeping requirements, making it more difficult to obtain evidence of wrongdoing.<\/p>\n Also, the Facilitating Innovation to Fight Coronavirus Act is short on specifics, so it\u2019s unclear how courts would apply it.<\/p>\n Lawyers often throw around words like negligence and gross negligence without trying to explain what they mean.<\/p>\n The difference between these two things is a little like the difference between a misdemeanor and a felony.<\/p>\n However, we should probably start at the beginning.<\/p>\n Things are accidental <\/strong>if the actor was careless or thoughtless. For example, Sam might accidentally leave the oven on.<\/p>\n The law sharply limits financial responsibility if the victim\u2019s injury was truly accidental. In fact, compensation might not be available at all.<\/p>\n Fahrl\u00e4ssigkeit <\/strong>is the next step up. If Sam left the oven on every day for a week, he was probably negligent.<\/p>\n Since negligence indicates a lack of care or concern, people are financially responsible for negligent injuries.<\/p>\n This liability usually includes compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.<\/p>\n Finally, we get to grobe Fahrl\u00e4ssigkeit<\/strong>, which is just short of criminal responsibility. If Sam turned on a gas oven, opened the oven door, and left the house, he was probably grossly negligent.<\/p>\n He clearly had little if any regard for the health and safety of others.<\/p>\n So, financial compensation is higher in gross negligence claims.<\/p>\n This higher compensation usually includes punitive damages. Unless a New York personal injury attorney hits the Sams of the world where it hurts, they will keep placing other people at risk.<\/p>\n That\u2019s simply not acceptable.<\/p>\n The level of responsibility affects this discussion as well.<\/p>\n Doctors, lawyers, and most other professionals have a Treuepflicht<\/a><\/u> toward their patients and clients.<\/p>\n These professionals have total control over medical, legal, or other issues.<\/p>\n And, as the late, great Stan Lee once said, with great power comes great responsibility.<\/p>\n How does the higher duty of care affect the levels of responsibility mentioned above? Basically, you must throw out the first level and move the higher two levels down a notch.<\/p>\n Since the duty of care is so high, there is usually no such thing as an \u201caccident.\u201d<\/p>\n Lawyers do not accidentally miss filing deadlines and dentists do not accidentally pull the wrong teeth. Instead, these things are negligence, at best.<\/p>\n In fact, they might even be gross negligence, largely depending on the other facts and circumstances.<\/p>\nLevels of Malversation<\/strong><\/h2>\n
\u00c4rztliche F\u00fcrsorgepflicht<\/strong><\/h2>\n