As companies of all types and sizes continue to deal with the potential legal implications of the COVID-19 pandemic for their businesses, Jackson Walker provides insights and resources on the COVID-19 Legal Resources & Insights site.
With the Pandemic Liability Protection Act in effect, Jackson Walker partner Denise Rose spoke with D Magazine about the protections afforded to physicians and other health care workers treating patients who have tested positive for COVID-19.
First introduced as Senate Bill 6, the Pandemic Liability Protection Act provides retroactive civil liability protections for health care providers, first responders, and other businesses, and extends current immunity to physicians, health care providers, and first responders “during a man-made disaster, natural disaster, or a health care emergency.” Also, under the bill, physicians and those other professionals are generally not liable for injuries or death “arising from care, treatment, or failure to provide care or treatment” related to or impacted by the pandemic.
“So much of what’s happened over the last 15 to 16 months has been building the plane in the air as we’re flying it and figuring out how to handle the disease itself,” Denise said.
As an attorney/lobbyist who works on an array of health care issues at the Texas Capitol, Denise shared how concerns from the health care industry regarding liability led to the legislation’s passing.
“From the provider perspective, there’s a sense of wanting to make sure they can take care of patients, knowing that sometimes things don’t go exactly right,” she noted. “We’re all humans trying to do the best that we can in this situation. There’s got to be a very clear causation for someone to come back and say, ‘This is your fault.’”
To view the full article, see “How Texas Is Protecting Healthcare Workers Fighting COVID-19” on the D Magazine website. For questions about how you or your business may potentially be impacted, please contact Denise Rose or any Jackson Walker attorney. More information about the Pandemic Liability Protection Act can be found by visiting the following Jackson Walker articles:
- Legislative Update on Pandemic-Related Bills Sent to Governor Abbott »
- Texas House Passes Pandemic Liability Protection Act »
- Overview of 87th Texas Legislature: Key Bills, the State Budget, and Jackson Walker’s Role »
Having worked in and around the Texas Capitol for nearly two decades, Denise Rose provides effective strategic counsel to clients on a wide variety of issues, including but not limited to Medicaid and hospital finance, special utility districts, occupational licensing, healthcare quality, and agency rulemaking processes and requests for proposals. In 2019, Denise was recognized as a “Rising Star” in the Lobby Power Rankings from Capitol Inside. In addition to her practice, Denise volunteers her time with the Children’s Advocacy Centers of Texas, Texans Care for Children, the Wine and Food Foundation of Texas, Dress for Success Austin, Mobile Loaves and Fishes, and GENAustin. She was also selected to participate in the Leadership Texas Class of 2020.