Legislation would protect health care industry from predatory lawsuits

Legislation recently introduced in the state Senate would protect health care practitioners and facilities from predatory lawsuits during the COVID-19 pandemic.

Under the bill, health care providers would be protected from civil lawsuits related to the testing or treatment of COVID-19 patients, so long as there is no willful misconduct, recklessness, gross negligence, or intentional infliction of harm.

Providers also would be protected from legal actions or omissions caused by lack of equipment or supplies beyond the provider’s control while complying with COVID-19 treatment or testing guidelines.

Manufacturing and distributing personal protective equipment would be protected from exposure claims on premises.

The bill was introduced by State Sen. Lisa Baker (R-Luzerne) and was referred to the Senate Judiciary Committee. She is chairwoman of the committee.

The bill has the support of The Hospital and Healthsystem Association of Pennsylvania (HAP).

“A novel coronavirus means that the health care community is learning something new every day about how the virus presents and how patients react to it,” Andy Carter, HAP president and CEO, said. “While patients should not be denied access to the courts, Senator Baker’s legislation recognizes that decisions made by our health care providers to keep Pennsylvanians safe and healthy during an unprecedented time should not be exploited by trial lawyers.”