Legal Briefing: Crisis Standards of Care and Legal Protections During Disasters and Emergencies
Thaddeus Mason Pope
Hamline University - School of Law; Queensland University of Technology - Australian Health Law Research Center; Saint Georges University; Alden March Bioethics Institute
Mitch F. Palazzo
January 1, 2010
Journal of Clinical Ethics, Vol. 21, No. 4, pp. 358-367, Winter 2010
Since 2009, Professor Pope has authored a quarterly "Legal Briefing" column for the Journal of Clinical Ethics. Each briefing comprehensively reviews legal developments concerning a particular issue in clinical bioethics. The Journal of Clinical Ethics owns the exclusive copyright to distribute the full-text content.
This article outlines current safe harbors in the law for healthcare practitioners who work in a disaster setting. It reviews available legal protection in crisis situations with respect to the Emergency Medical Treatment and Labor Act (EMTALA), criminal liability, and licensure.
Keywords: healthcare practitioners, liability, licensure, emergencies, disasters
JEL Classification: K32
Date posted: April 6, 2011 ; Last revised: July 1, 2014