Coronavirus cases

Authors

  • Nelson Rosenvald Pontificia Universidad Católica de São Paulo, Brasil

DOI:

https://doi.org/10.26439/iusetpraxis2020.n50-51.5049

Keywords:

emergency conditions, limited liability, good Samaritan laws, principle of solidarity, negligence, guilt

Abstract

The author proposes that, in the light of the COVID-19 pandemic, it is necessary to reformulate the notions of liability for medical professionals due to the extraordinary circumstances and risks they are facing during the pandemic. This requires limiting their liability in coronavirus cases, and allowing them to perform certain practices and recommend certain treatments that may not be on the usual protocols. Furthermore, he suggests that it is necessary to reconsider the concept of guilt for medical professionals. However, the proposal does not support the elimination of liability in all cases; for example, in the cases of discrimination or extreme negligence.

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Published

2020-12-23

Issue

Section

Presentations