3.8 Article

Hospitals' Liabilities in Times of Pandemic: Recalibrating the Legal Obligation to Provide Personal Protective Equipment to Healthcare Workers

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LIVERPOOL LAW REVIEW
卷 42, 期 2, 页码 185-205

出版社

SPRINGER
DOI: 10.1007/s10991-020-09270-z

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Pandemic; Personal protective equipment; Negligence; Harm; Hospitals; Public health

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The global race for essential personal protective equipment due to the Covid-19 pandemic has led to shortages in some countries, posing risks to frontline healthcare workers and public health. Legal obligations of hospitals towards healthcare workers during the pandemic have not been thoroughly examined. This paper aims to shed light on the potential legal liabilities of hospitals and recalibrating their duty towards healthcare workers in times of pandemic.
The Covid-19 pandemic has precipitated the global race for essential personal protective equipment in delivering critical patient care. This has created a dearth of personal protective equipment availability in some countries, which posed particular harm to frontline healthcare workers' health and safety, with undesirable consequences to public health. Substantial discussions have been devoted to the imperative of providing adequate personal protective equipment to frontline healthcare workers. The specific legal obligations of hospitals towards healthcare workers in the pandemic context have so far escaped important scrutiny. This paper endeavours to examine this overlooked aspect in the light of legal actions brought by frontline healthcare workers against their employers arising from a shortage of personal protective equipment. By analysing the potential legal liabilities of hospitals, the paper sheds light on the interlinked attributes and factors in understanding hospitals' obligations towards healthcare workers and how such duty can be justifiably recalibrated in times of pandemic.

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