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Liability Issues for Hospitals in Emergency Response

posted on Sat, Sep 1 2012 12:00 am by Western Region

The Network recently received a question from a requestor who was interested in identifying any existing research or resources on liability issues for hospitals that engage in emergency response efforts.

The Network responded with several resources related to potential hospital liability following an emergency, including four scholarly articles:

  • Hoffman S, Goodman RA, Steir DD. Law, Liability, and Public Health Emergencies, Disaster Medicine and Public Health Preparedness. 2009; 3: 1-9.
  • Hodge JG, Garcia AM, Anderson ED, Kaufman T. Emergency Legal Preparedness for Hospitals and Health Care Personnel, Disaster Medicine and Public Health Preparedness. 2009; 3(Suppl 1): S37-S44.
  • Hodge JG, Brown EF. Assessing Liability for Health Care Entities That Insufficiently Prepare for Catastrophic Emergencies. JAMA. 2011;306(3):308-309.
  • Hodge, JG, Calves, S, Gable, LA, Meltzer E, Kraner S. Risk management in the wake of hurricanes and other disasters: Hospital civil liability arising from the use of volunteer health professionals during emergencies. Michigan State University Journal of Medicine and Law. 2006; 10:1: 57-86. 

The Network also provided the requestor with a Network memo entitled "Public Readiness and Emergency Preparedness (PREP) Act - Scope of Liability Protections." The memo covers the scope of liability protections under the federal PREP Act and discusses potential extension of PREP Act protections to non-governmental entities, which could reduce liability risks for hospitals under some circumstances.

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