The Inspirien Team has been working collaboratively with the Alabama Hospital Association and other associations, along with expert legal counsel to protect the long term interest of our insureds, as well as all Alabama hospitals and healthcare facilities. Unfortunately, there are those that could be looking to capitalize on this crisis in terms of filing a medical malpractice claim at a time when our healthcare facilities are most vulnerable. There are many actions to consider to help mitigate this risk and one in particular is to begin incorporating the following language in two key places. We don’t recommend adding the language retroactively but begin to include from this point forward.

Admissions Documentation that Includes Patient’s Signature:

“This care is provided during an unprecedented national emergency due to the Novel Coronavirus (COVID-19). COVID-19 infections and transmission risks place heavy strains on healthcare resources. As this pandemic evolves, the Hospital and providers strive to respond fluidly, to remain operational, and to provide care relative to available resources and information. Outcomes are unpredictable and treatments are without well-defined guidelines. Further, the impact of COVID-19 on all aspects of emergency care, including the impact to patients seeking care for reasons other than COVID-19, is unavoidable during this national emergency.“

Electronic Health Record:

“Please note that this care is given at a time of national emergency due to the pandemic caused by COVID-19 (Novel Coronavirus). As a result, it is acknowledged and understood that the spread of COVID-19 within our communities places an incomprehensible strain on our providers, hospital systems and the resources, equipment, beds, treatment options and services available to the healthcare providers in support of patient care.  It is further acknowledged and understood that the Hospital and provider, during the COVID-19 pandemic, endeavor to remain operational and provide care to all patients commensurable with the resources available to the Hospital existing at that time. Further it is acknowledged that the transmittable risks, treatment process and diagnosis is novel without well-defined guidelines of established standards of care. It is further acknowledged due to the novel and emergency nature of this pandemic, treatment is provided utilizing the best judgment and currently known practices, within the limitation of resources.”

The team at Inspirien is committed to continually researching and providing proactive recommendations for how to keep your patients, facilities and providers protected. Please click here for additional FAQs that are updated regularly.