Governor reinforces legal protection of healthcare workers treating COVID-19

Governor reinforces legal protection of healthcare workers treating COVID-19

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Gov. Northam this week signed Executive Order Sixty, which reinforces certain existing liability protections for Virginia healthcare workers. Virginia’s code offers protections for healthcare workers and first responders in cases of emergency.

The order clarifies that these statutes protect healthcare workers operating during the COVID-19 crisis. Nothing in the order prevents liability in the case of gross negligence or willful misconduct.

  • Liability protection was one of several issues VACEP members addressed with the Governor and legislators in meetings this month.

  • VACEP specifically requested and received protections for a.) free-standing emergency departments, and b.) implementation or execution of triage protocols or scarce resource allocation policies necessitated by healthcare provider declaration of crisis standards of care.

Due to COVID-19, providers are operating with limited resources and may be forced to serve patients outside of conventional standards of care. That may mean using a single ventilator for multiple patients at the same time, reuse of — or creative use of — PPE, and withholding healthcare services in certain situations.

“Virginia’s healthcare workers are heroes. We must ensure that they can continue to provide high-quality and compassionate care during this tremendously challenging time.” 
— Virginia Gov. Ralph Northam


Also from the Gov:

We worked with the Medical Society of Virginia and other specialties to help the Administration lay out a safe blueprint for reopening, called Forward Virginia.

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