Malpractice Immunity for Volunteer Physicians in Public Health Emergencies: Adding Insult to Injury

5 Pages Posted: 16 Apr 2010

See all articles by Mark A. Rothstein

Mark A. Rothstein

University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

Date Written: April 9, 2010

Abstract

There is widespread concern among public health and emergency response officials that there could be a shortage of health care providers in a public health emergency. At least the following three factors could cause an inadequate supply of physicians, nurses, and other health care providers: (1) the severity of the emergency might greatly increase the demand for health services and outstrip the available supply; (2) health care providers might become unavailable because of their own high rates of illness, as was the case in the SARS epidemic; and (3) many health care providers might not report for duty for personal, family, or professional reasons.

Keywords: medical malpractice, immunity, public health, emergency prepardness, volunteer physicians, altered standards of medical care, medical ethics, discrimination

JEL Classification: K31, K32

Suggested Citation

Rothstein, Mark A., Malpractice Immunity for Volunteer Physicians in Public Health Emergencies: Adding Insult to Injury (April 9, 2010). Journal of Law, Medicine and Ethics, Vol. 38, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1589675

Mark A. Rothstein (Contact Author)

University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )

Louisville, KY 40202
United States

HOME PAGE: http://www.louisville.edu/bioethics

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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