10/06/2020    Leonard A. Levy, DPM, MPH

Minimizing Risk of Medical Malpractice Liability Related to COVID-19 Pandemic

The horrors of the COVID-19 pandemic and its
implications on medical practice have led
attorneys Megan La Suer and Rob Portman publish
an article for Dermatology World (August 2020,
www.aad.org/dw/monthly/2020/may/employment-
related-legal-considerations-covid-19)on legal
issues and malpractice implications that should
be considered by physicians in their clinical
practice.

These healthcare attorneys recommend that
practices should draft and implement policies
and procedures addressing extra precautions
that need to be taken to prevent the spread of
COVID-19 and otherwise mitigate liability risk.
Employees should be required to review and
acknowledge that they have seen and will comply
with such policies to ensure the practice’s
plans are consistently implemented.

In addition, practices should implement
additional informed consent procedures and
documentation reflecting the risks of COVID-19
spread. COVID-19 policies, procedures, and
informed consent documents should consider the
following:

• Screen patients for symptoms of COVID-19
including temperature checks, recent
international travel, knowledge of potential
exposure events.
• Ensure patients have room to socially
distance, require wearing a mask in the office,
limit number of individuals patients can bring
into the office, use telemedicine when
possible.
• Discuss risks of becoming infected during
appointment and treatment process, including
obtaining consent from patients indicating
their understanding and acceptance of risks of
contracting COVID-19 during a visit.
• Obtaining acknowledgement from patients that
they may have to be rescheduled for elective
care if they are exhibiting symptom of COVID-
19, traveled abroad, or were subject to a known
exposure.
• Ensure practice has established plan for
thorough cleaning/disinfection between visits.
• Routinely scan employees for symptoms of
COVID-19 including temperature check and, if
symptomatic, require testing and being
quarantined.
• Ensure employees wear protective equipment at
all times when engaging with patients.
• Notify patients of practice policies and
safeguards to minimize infection prior to
visit.
• Consult with state/local health department to
ensure proper consent information is used.
• Contact malpractice insurance carrier (i.e.,
Is specific informed consent form required?).

Leonard A. Levy, DPM, MPH, Ft. Lauderdale, FL

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