In New York City, each evening at 7 p.m., the sound of people banging on pots and pans can be heard from apartment buildings within earshot of hospitals all over the city. The cacophonous clanging is a salute to the beleaguered health care workers changing shifts on the asphalt below. The ritual conveys appreciation and thousands of idiosyncratic messages of hope.

And that’s great. The gesture does, no doubt, positively impact the trepidatious psyches of those fighting the virus on the frontlines. However, the truth is, it isn’t that difficult. Standing at a windowsill in sweatpants or a bathrobe for a few minutes — and then going back to a Netflix binge or Zoom call — is much different than confronting mortal danger or even death.

So, the gesture falls short if we allow it to suggest that “we’re all in this together,” as the regular loop of public service announcements reminds us daily. From the perspective of our health care workers, the catchphrase does not resonate with an accurate sense of proportion.

But there will be an opportunity to show more profound appreciation, another chance to thank physicians and health care workers in a more redeeming and morally equitable manner.

When malpractice attorneys start to run advertisements on television that you or your family may be entitled to COVID related a claim — that will be your chance. Don’t do it. If you hear that someone you know received a settlement from a hospital, don’t contribute any momentum to this pernicious wave. Demonstrate respect and gratitude. Decide not to sue.

And please don’t be so naïve to think it will not happen. Even now, with support for health care workers at an all-time high, the media continues to run ads sponsored by malpractice firms during their perpetual coverage of the pandemic. They run stories about the heroism of health care workers and profit from disseminating our medical expertise. Then, they break into commercials that seek to attack us. It’s shameless.

The hypocrisy has become so commonplace that we barely even notice it anymore. We’ve subconsciously memorized the phone number to call (don’t wait, call eight) but tuned out our moral disgust. We aren’t offended or outraged. Even our most respected journalists are complicit; they are part of the machine that permits these attacks to run.

And there will be a temptation to sue. The damage that has been inflicted by the virus is incalculable. Millions of people in New York alone are grieving and facing economic uncertainty. Doctors and hospitals are easy targets.

The CARES (Corona Virus Aid, Relief and Economic Security) Act provides federal immunity for health care workers that are treating COVID patients. It does not, however, prevent malpractice attorneys from filing a claim.

Governor Cuomo has issued a moratorium on litigation against doctors and hospitals related to COVID “except in cases of gross negligence.” That’s positive. But what is “gross negligence”? The lawyers will test its meaning in open court.

And not all states have issued this “umbrella of immunity.” For example, Governor Murphy of New Jersey was late in issuing “total” protection. His first executive order did not provide blanket immunity; instead, he proposed a cap on the upper limit for a potential lawsuit. In effect, he said we expect litigation and will tolerate it to a certain extent. He has since broadened the scope.

The point is lawyers will challenge these federal and gubernatorial decrees. They will test the shoddy moral fabric of our legal system. If they succeed — and win one case in just one state — then what? Then malpractice firms will ramp up their advertising campaigns. People will think, “Everybody else is getting bailed out, and so should I. If I file a claim, it won’t hurt the doctor or the hospital. The insurance company will pay.”

But your lawsuit won’t be harmless. It will inflict outrage, pain, shock, and depression. On whom? It will hurt the courageous men and women that cared for your loved ones. Do you really want to repay them by dragging them into court? Must they defend the decisions they made in the midst of such a chaotic situation while trying to treat a novel virus for which there is no standard of care.

So perhaps it is our civic responsibility not to sue, even if our legal system permits it. If you want to show appreciation — to make some real noise in support of physicians — write a letter to CNN or MSNBC asking them to stop running medical malpractice advertisements. Change the channel. Draw attention to the moral decay that allows the malpractice industry to flourish. Or maybe, when the pandemic is behind us, think long and hard before picking up the phone and calling a lawyer to sue — for whatever reason. Doctors would appreciate that gesture far more than the applause they receive when you honor them by banging on pots and pans.

Eric Dessner is an ophthalmologist in Brooklyn, NY, and can be reached on Twitter @eric_dessner. He is founder and CEO, Medmic.

Dr. Dessner is affiliated with New York Eye and Ear Infirmary and his work has appeared in the Dallas Morning News, the Baltimore Sun, the Pittsburgh Post-Gazette, Medpage Today, and KevinMD.

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