Liability Waivers COVID-19: Top Protocols Safeguard Your Physicians

QUESTION: Can we be sued if a patient thinks they got infected at our practice? Will a COVID-19 liability waiver protect us from patient lawsuits claiming they contracted the virus at our office?

Question from Austin, Texas subscriber

ANSWER: You are right to be anxious about the reality of being sued. More than 800+ COVID-19 lawsuits have been filed this year. However, to truly protect your physicians and practice, there are some stronger safeguards that you can implement that are better rather than blanket liability waivers for physician practices.

Historically, disease liability waivers have been legally ineffective. In fact, the blanket forms are considered unethical. Most importantly, they won’t prevent your physicians from confronting claims for gross negligence. Meaning, you could still face a costly lawsuit and expensive legal bills regardless of whether you are ultimately found responsible or not.

You can better protect your practice with robust consent policies and safety protocols. When coming to your office, patients should read and agree to your informed consent polices that should adequately advise patients of all risks for treatment. In your practice compliance plan, you should add your increased safety protocols. Maintain documentation of your ongoing disinfection activities that your practice conducts to ensure staff and patient safety.

For more actions you should take now to reduce your practice risk, healthcare attorney, Ike Devji, JD, can help. In the upcoming online training, “Take Action Now to Prevent Expected COVID-19 Lawsuits,” Ike will walk you through exactly how to protect your practice from upcoming COVID-19 liability with step-by-step, actionable strategies and tactics you can implement.