954 A Framework Recommendation for Surgeons Legal Liabilities During an Acute Health Crisis. (4th May 2021)

• Record Type: Journal Article
• Authors: Schaffer, S; O'Neill, P; Thomas, M C
• Is Part Of: British journal of surgery. Volume 108(2021)Supplement 2
• Publication Date: 2021-05-04
• Subjects: Surgery -- Periodicals; 617.005
• DOI: 10.1093/bjs/znab134.102
• Languages: English
• ISSNs: 0007-1323

Abstract

Abstract: Introduction: Ethical and professional duties compelled surgeons to act outside their specialties during the SARS-CoV-2 pandemic. Our work explored the legal liabilities that have arisen for surgeons during this period. Method: A literature review was conducted of medical and legal databases; PubMed, MedlineOvid, WestLaw, and LexisNexis. Statues and case law across three jurisdictions; Canada, the United Kingdom, and the Republic of Singapore were retrieved and analyzed. Results: Professional regulatory bodies impose a duty to act in healthcare emergencies. Yet, formal legal protection has not been codified by either professional regulatory bodies or governments. These discrepancies between legal and professional standards leave surgeons vulnerable to litigation. Conclusions: Following our analysis of cases and outcomes within these jurisdictions we propose a framework that provides basic protection to surgeons acting outside their surgical specialty, but within a general medical capacity, whilst providing care during acute health crises.