Chapter211.pdf

Preparing For and Limiting

Potential Liability for Medical

Care Provided During Disaster

Events

Chapter 21

Factors that Affect Standard of

Care

• Loss of resources

• Deteriorating conditions

• Sporadic help

• Fragmented legislative framework of reference

• Lack uniform liability standards

Memorial Medical Center

• Loss of power

• Loss of air conditioning

• Physical damage of hospital structure

• Inability to transport critical patients

• Compromised sanitation system

• Lack of disaster training

• Staff exhaustion

• Lack of contact with outside world

• Efficacy of palliative care

Legal Liability Landscape in

Disaster Events

• War zone analogy

• Gonzalez Act

• Supreme Court position

• American Public Health Association survey

• Volunteer Protection Act

• State statutes

Development of Altered Standards

of Care

• Modification of medical standards

• Modification of legal standards

• IOM definition of crisis standards of care

• IOM “vision” for crisis standards of care

IOM Vision

• Standards are fair to all those affected

• Equitable implementation of standards

• Community input in development of standards

• Appropriate legal framework

IOM Recommendations

• Strong ethical grounding

• Community and provider engagement and communication

• Assurances regarding legal environment and framework

• Clear indicators and triggers

• Evidenced based clinical operations

Proactive Preparation for Disaster

Events

• Effective planning

• Effective training

• Preventative efforts

Lack of Education and Training for

Disaster Events

• Inadequate corporate plans

• Inadequate medical school training

• Inadequate continuing medical education

• Inadequate funding

Planning and Implementing a

Disaster Response Plan • Internal and external communications

• Chain of command and triage

• Acknowledge vulnerabilities of patients and staff

• Clearly communicate plan to all physicians and staff

• Plan should include specific triggers and indicators

• Training

• Mechanisms to limit chaos