AMA meeting: Doctors who give disaster aid seek liability shield

Delegates push for legislative changes requiring plaintiffs to show malicious intent.

By Amy Lynn Sorrel, AMNews staff. July 16, 2007.

Chicago -- The AMA House of Delegates wants to bolster civil and criminal liability protections for physicians assisting during officially declared disasters or emergencies. The move would let doctors answer the call for help without fearing their medical judgment will be questioned.

A patchwork of federal and state laws immunize volunteer doctors from liability for certain negligence that might occur while treating patients in catastrophic situations, according to a Board of Trustees report presented at the Annual Meeting. Those laws typically do not cover misconduct, and there is no protection from criminal charges.

Delegates voted to have the AMA develop and give to state medical societies model legislation that would automatically shield eligible doctors -- whether they volunteer or already work in the area -- from civil and criminal liability when they are treating patients in response to a declared disaster. The AMA also will push to enhance existing laws by replacing the traditional negligence standard with one requiring plaintiffs to show that bad faith, malice or deliberate intent to harm a patient was involved.

"[Liability protection] should never be a question when people need help and have help available," said AMA board Trustee William A. Hazel Jr., MD.