Council Advances Additional Liability Protections for Physicians May 20, 2020

The work of the physician and healthcare community to educate lawmakers on the importance of liability limits during COVID-19 continues to make a difference. On Tuesday, the Council passed its latest COVID-19 response legislation which had incremental improvements on protecting physicians for medical decisions during the public health emergency.

This latest bill was a consolidation of previous emergency and temporary legislation but did contain a few additions. Regarding civil liability for medical decisions, the legislation reaffirms protections for physicians and providers treating COVID-19 patients, but extends the liability for healthcare providers if they provide "direct or ancillary health-care services or health care products, including direct patient care, testing, equipment or supplies, consultations, triage services, resource teams, nutrition services, or physical, mental, and behavioral therapies". 

MSDC is exploring the implications of this language, which was only made public last week and modified leading up to the Council's vote, and will pursue additional action to protect physicians and healthcare providers. MSDC has been greatly concerned that physicians following the public health guidance will be subject to lawsuits if delayed care leads to adverse outcomes. The Society has sent multiple letters and messages to the District government outlining the importance of this issue.