Global Warming. Indicator 9: Legal

global warming.

Indicator 9: Legal Preparedness -- Entity Emergency Liability Protection

According to the TFHA report "Ready or not? Protecting the public's health from diseases, disasters and bioterrorism" the 1996 Federal Volunteer Protection Act (FVPA), the 2002 Federal Tort Claims Act (FTCA), and the 2006 Public Readiness and Emergency Preparedness (PREP) Act all provide some federal liability coverage for healthcare workers who volunteer during major disasters and during other types of unexpected, catastrophic emergencies that threaten public safety. However, these protections are not absolute and more extensive legal protection must often be offered at a state level for workers to truly feel 'protected' when engaged in duties above and beyond what is expected of them at their regular jobs (Ready or not, 2009, TFHA, p.37). To remedy existing deficits in federal legislation, thirty-three states, including my own state of Florida and Washington D.C. have enacted statutes that extend some level of immunity to individuals, businesses, and nonprofit organizations providing charitable, emergency, or disaster relief services.

From my point-of-view as a nurse practitioner this is essential -- if there is a situation of dire need, I wish to provide aid, and do not want to worry about my legal liability when I act as a Good Samaritan, albeit one with specialized knowledge. During catastrophes, when individuals are hurt and there is a great deal of confusion, it could be very easy to 'construct' a lawsuit designed to unfairly blame a healthcare provider. Additionally, during high-pressured situations without clear rules, such as occurred in 9/11, workers must often make split-second decisions and trust their 'gut' judgment -- there are no 'preexisting guidelines' that are easy to follow and appropriate medical supplies may not be on hand.

An additional but necessary precaution is for private health organizations, nonprofits, and businesses to be extended the same freedom from liability as healthcare workers. Giving organizations such liberty makes it easier for volunteer healthcare workers on the scene to act as part of a coordinated effort to provide care. The Emergency Volunteer Action Network (EVAN) has been a longtime advocate a Good Samaritan Entity Liability Protection for all public and private healthcare agencies as well as a Uniform Emergency Volunteer Health Practitioners Act (UEVHPA) which would allow out-of-state medical professionals to cross state lines in declared emergencies (EVAN, 2010, UNC). However, these laws tend only to provide for coverage at the immediate scene of the emergency, rather than for the type of sustained medical care demanded during major disasters.

On a gut level, it is hard to imagine me, personally, refusing to provide aid to individuals in dire need, regardless of what the law said. However, for organizations that must make immediate decisions about getting involved in helping victims of a disaster, being legally liable could have serious repercussions for the entity's future, especially if it may be called upon to give aid to large numbers of people for a sustained period of time. Having legal liability exemption is essential to motivate organizations to provide aid.