Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Celebrate health care workers by not suing them

Eric Dessner, MD
Physician
May 13, 2020
Share
Tweet
Share

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.

ADVERTISEMENT

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.

Image credit: Shutterstock.com

Prev

Take a moment to pause and step outside of yourself

May 13, 2020 Kevin 0
…
Next

Are physicians martyrs or models?

May 13, 2020 Kevin 4
…

Tagged as: COVID, Infectious Disease, Malpractice

Post navigation

< Previous Post
Take a moment to pause and step outside of yourself
Next Post >
Are physicians martyrs or models?

ADVERTISEMENT

More by Eric Dessner, MD

  • Here’s what the NFL could learn from ancient Rome and the gladiators

    Eric Dessner, MD
  • Rethinking access to the American tip jar: It’s time to include nurses and dental hygienists

    Eric Dessner, MD
  • Finding the right balance: Fleishman is in Trouble takes on parenting in the 21st century

    Eric Dessner, MD

Related Posts

  • How social media can help or hurt your health care career

    Health eCareers
  • Health care workers should not be targets

    Lori E. Johnson
  • What makes health care workers superhuman

    Eric Tian
  • Why health care replaced physician care

    Michael Weiss, MD
  • Major medical groups back mandatory COVID vaccine for health care workers

    Molly Walker
  • An apology to frontline health care workers

    Michele Luckenbaugh

More in Physician

  • How subjective likability practices undermine Canada’s health workforce recruitment and retention

    Olumuyiwa Bamgbade, MD
  • Why judgment is hurting doctors—and how mindfulness can heal

    Jessie Mahoney, MD
  • Why evidence-based management may be an effective strategy for stronger health care leadership and equity

    Olumuyiwa Bamgbade, MD
  • The gift we keep giving: How medicine demands everything—even our holidays

    Tomi Mitchell, MD
  • From burnout to balance: a neurosurgeon’s bold career redesign

    Jessie Mahoney, MD
  • Why working in Hawai’i health care isn’t all paradise

    Clayton Foster, MD
  • Most Popular

  • Past Week

    • The hidden health risks in the One Big Beautiful Bill Act

      Trevor Lyford, MPH | Policy
    • How New Mexico became a malpractice lawsuit hotspot

      Patrick Hudson, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Why health care leaders fail at execution—and how to fix it

      Dave Cummings, RN | Policy
    • How digital tools are reshaping the doctor-patient relationship

      Vineet Vishwanath | Tech
    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
  • Past 6 Months

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • The hidden health risks in the One Big Beautiful Bill Act

      Trevor Lyford, MPH | Policy
    • Why Medicaid cuts should alarm every doctor

      Ilan Shapiro, MD | Policy
  • Recent Posts

    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
    • Decoding your medical bill: What those charges really mean

      Cheryl Spang | Finance
    • The emotional first responders of aesthetic medicine

      Sarah White, APRN | Conditions
    • Why testosterone matters more than you think in women’s health

      Andrea Caamano, MD | Conditions
    • A mind to guide the machine: Why physicians must help shape artificial intelligence in medicine

      Shanice Spence-Miller, MD | Tech
    • How subjective likability practices undermine Canada’s health workforce recruitment and retention

      Olumuyiwa Bamgbade, MD | Physician

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

Leave a Comment

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • The hidden health risks in the One Big Beautiful Bill Act

      Trevor Lyford, MPH | Policy
    • How New Mexico became a malpractice lawsuit hotspot

      Patrick Hudson, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Why health care leaders fail at execution—and how to fix it

      Dave Cummings, RN | Policy
    • How digital tools are reshaping the doctor-patient relationship

      Vineet Vishwanath | Tech
    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
  • Past 6 Months

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • The hidden health risks in the One Big Beautiful Bill Act

      Trevor Lyford, MPH | Policy
    • Why Medicaid cuts should alarm every doctor

      Ilan Shapiro, MD | Policy
  • Recent Posts

    • How President Biden’s cognitive health shapes political and legal trust

      Muhamad Aly Rifai, MD | Conditions
    • Decoding your medical bill: What those charges really mean

      Cheryl Spang | Finance
    • The emotional first responders of aesthetic medicine

      Sarah White, APRN | Conditions
    • Why testosterone matters more than you think in women’s health

      Andrea Caamano, MD | Conditions
    • A mind to guide the machine: Why physicians must help shape artificial intelligence in medicine

      Shanice Spence-Miller, MD | Tech
    • How subjective likability practices undermine Canada’s health workforce recruitment and retention

      Olumuyiwa Bamgbade, MD | Physician

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Leave a Comment

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...