April 27, 2020 / COVID-19 / Health
As a result of the health emergency derived from the SARS-CoV-2 virus (hereinafter, “COVID-19”), the fear of being infected is increasing not only among the general population but also among hospital staff; and some health professionals are reportedly refusing to safeguard the lives of patients who are admitted to the hospital with COVID-19.
Rights of the patients and liabilities of the health professionals.
In the General Health Law (hereinafter, the “LGS“), it is established that patients have the right to obtain timely, appropriate, and quality health care and receive professional and ethically responsible care, as well as respectful and proper treatment from professionals, technicians, and assistants. Additionally, in accordance with the General Rights of Patients (Los Derechos Generales de los Pacientes) issued by the National Medical Arbitration Commission (hereinafter, the “CONAMED”), patients have the right to receive adequate medical care in case of emergency. Besides, within the duties of their profession, health professionals are bound to save lives, restore health, or reduce the suffering of the patients.
Can fear of contagion be justified as a refusal to continue with the treatment for COVID-19 cases?
Health, technical, or auxiliary health personnel who refuse to assist without a just cause to a person infected with COVID-19, whether or not the patient life is at risk, will be sanctioned in accordance with the LGS and will be subject to the legal consequences that may arise.
Additionally, it is important to mention that any health professional must face the risks inherent to their profession following the scientific and ethical principles that guide medical practice, without incurring at any time actions or behaviors considered as therapeutic obstinacy or behaviors with the purpose of not providing the requested medical service.
What legal consequences may health care professionals incur by refusing to treat patients with COVID-19?
In case health care professionals refuse to take care of a person infected with COVID-19, they may be subject to the following liabilities:
Administrative Liability
The administrative liability occurs when the health professional violates any of the precepts established in the General Health Law, its Regulations, and other provisions derived from it, regardless of whether or not harm has been caused to the patient health.
Civil Liability
This kind of liability is the obligation of the health professional to repair patrimonial or moral damages caused to their patients due to some act or omission regarding the medical care.
Criminal Liability
Criminal liability occurs when health personnel, in contravention of the standards that describe criminal behavior, commit, intentionally or negligently, any of the crimes that fall within such criminal behaviors.
Labor Liability
This kind of liability occurs when health personnel disobey their employer or their representatives without a just cause or fail to comply with the obligations for which they were hired. In this case, the employer may terminate the labor relationship without any liability.
Liability for Discrimination
This kind of liability occurs when health personnel denies taking care of the patients with COVID-19.