Wrongful death suits

[Orin]

I was reading this:

Nurse dies in New York hospital where workers are reduced to using trash bags as protective medical gear

New York City has been overburdened with coronavirus cases, and healthcare workers face shortages of personal protective equipment to treat patients.

www.businessinsider.com

What is the over/under of a physician/nurse/RT/etc or one of their next of kin suing an employer/hospital for wrongful death due to lack of appropriate PPE? Does a state of emergency absolve them of responsibility? Will they be able to hide with community spread of the pandemic?

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[hyperalgesia]

What is the over/under of a physician/nurse/RT/etc or one of their next of kin suing an employer/hospital for wrongful death due to lack of appropriate PPE? Does a state of emergency absolve them of responsibility? Will they be able to hide with community spread of the pandemic?

I don't think it automatically absolves the hospital but the employee has to prove negligence at the least. It's hard to claim negligence when it's a problem across the nation in the setting of an unprecedented pandemic. Most likely the hospitals are all desperately trying to get PPE.

 

[20gauge]

This is an interesting article regarding the duty of care owed to HCWs by their employer.

The article describes the outcome of legal action take by HCWs after the SARS in 2003.

Coronavirus (COVID-19): Lessons learned from SARS — A guide for hospitals and employers

The designation of a novel coronavirus by the World Health Organization means hospitals and employers need to be cognizant of the implications.

www.osler.com