COVID-19 and medical litigation: More than just the obvious
Source TitleEmergency Medicine Australasia
University of Melbourne Author/sKelly, Anne-Maree
AffiliationMedicine, Western Health
Document TypeJournal Article
CitationsKelly, A. -M. (2020). COVID-19 and medical litigation: More than just the obvious. EMERGENCY MEDICINE AUSTRALASIA, 32 (4), pp.703-705. https://doi.org/10.1111/1742-6723.13548.
Access StatusAccess this item via the Open Access location
Open Access URLPublished version
COVID-19 has massively changed the health landscape around the world. Wide-ranging changes to healthcare delivery have occurred, especially in hospitals and EDs. Health services have made local decisions about care pathways, in some cases deviating from what would, until recently, have been considered widely accepted care. These changes bring with them new medicolegal risk for clinicians. In Australia, civil liability Acts provide protection for professionals when the criterion of having undertaken 'competent' practice that would be 'widely accepted' 'in the circumstances' is met. There is doubt how courts, and the medical experts who advise them, will evaluate clinical care provided during the pandemic when health services have developed local care pathways and there is no nationally accepted standard.
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