legal liability - Physician-Patient Alliance for Health & Safety

By Michael Wong, JD (Executive Director, Physician-Patient Alliance for Health & Safety)

Who is Legally Liable for COVID-19?

Here’s my question to you – “Who is Legally Liable for COVID-19?”

Some say China is liable – according to a Pew Research Center survey, more than 3 out of 4 Americans (78%) “place a great deal or fair amount of the blame for the global spread of the coronavirus on the Chinese government’s initial handling of the COVID-19 outbreak in Wuhan.”

And, while some may debate whether a nation like China or any other country can be held legally liable, the difficulty of overcoming sovereign immunity makes such considerations a rather pointless mind exercise – or, as is often said in law school, a moot point.

Rather, I ask this question at a far more micro level – is the nurse, doctor, or even the emergency responder liable to a patient who contracts, has an adverse event, or dies from COVID-19 when undergoing their care and treatment?

Continue reading “Who is Legally Liable for COVID-19?” →

Fifteen years ago ambulances did not use capnography. Now, medical professionals predict that, within the next five years, capnography will become the “staple technology” of an emergency responder’s standard of care. If true, the legal ramifications are apparent.

by Peter A. Corsale (Gallop, Johnson & Neuman, L.C., St. Louis, Missouri)

The Center for Medicare and Medicaid forecasts that between 2010 and 2020, the average annual health spending growth (5.8%) will outpace the annual growth in the overall economy by 4.7% and comprise 19.8% of the GDP ($4.6 trillion). With such amounts dedicated to health services, patients expect their physicians and medical care facilities, regardless of their location (urban vs. rural), to keep abreast, adapt, and use new technology. There is little doubt that patients equate new technology with better and safer service. Continue reading “Breathing Easier with Capnography – A New Standard of Care?” →