Analysis and recommendations regarding surgeons' liabilities during an acute health crisis. (July 2021)

• Record Type: Journal Article
• Authors: Schaffer, Sierra; O'Neill, Parker
• Is Part Of: Legal medicine. Volume 51(2021)
• Publication Date: 2021-07
• Subjects: COVID-19 -- Legal medicine -- Clinical negligence -- Liabilities -- Surgeon; Medical jurisprudence -- Periodicals; Forensic Medicine -- Periodicals; Médecine légale -- Périodiques; Medical jurisprudence; Periodicals; 614.1
• DOI: 10.1016/j.legalmed.2021.101880
• Languages: English
• ISSNs: 1344-6223

Abstract

Highlights: SARS-CoV-2 shows discrepancies between surgeons' professional duties and legal protections. Surgeons and NHS vulnerable to litigation. Need change in national policy and create more stringent legal protection. Individual surgeons should utilize a decision-making framework. Abstract: The SARS-CoV-2 pandemic has highlighted discrepancies between surgeons' professional duties and legal protections when acting outside their specialities during the pandemic. These discrepancies between legal and professional standards leave surgeons and the NHS vulnerable to litigation. In the following article, we explore the liabilities that have arisen for surgeons during this period in the United Kingdom and Canada. We recommend, upon review of the literature, that a two-pronged approach be taken to address these discrepancies; (a) a change in policy at the national level to accurately reflect the constraints and demands placed upon the profession in this acute health crisis and (b) the provision of clearer, more stringent legal protection. In the interim, we suggest that individual surgeons utilise a decision-making framework where they consider their personal and professional obligations in regard to resource stewardship, innovation in practice, patient-specific contexts, and patient advocacy while acting outside of their speciality.