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DJP Update 9-8-2005 Katrina volunteers - new
message from LA DHHS and LA
AG Office
This info is on LSMS web site at the address below.
Also, note the phone numbers LSMS added.
United We Triumph, Divided We Fail.
We will not fail.
Stay well.
Donald
Donald J. Palmisano, MD, JD
DJP@intrepidresources.com
Donald.Palmisano@ama-assn.org
Office (Intrepid) 504-455-5895
DJP Cell 312-560-0180
www.intrepidresources.com
http://www.lsms.org/News/katrina%20liability%20memo.htm
The following is a message from theLouisiana Department of Health and
Hospitals and the Attorney General's Office:
September 7, 2005
To: Physician Volunteers
RE: Malpractice Liability for State Services
Physicians providing medical services at shelters and special needs
shelters during the existence of the public health emergency declared by
Governor Blanco as a result of Hurricane Katrina will be afforded the
protections of the following statutes.
La. R.S. 29:771(B) (2)(c) provides that during a state of public health
emergency, health care providers shall not be civilly liable for causing
the death of or injury to, any person or damage to any property except in
the event of gross negligence or willful misconduct.
Further, to allay the concerns of healthcare providers, R.S. 40:1200.39
(A) (1) (a)(ii) (aa) and (bb) provide that a physician providing
services in coordination with the Department of Health and Hospitals will
be considered a state health care provider or a person covered by
this Part and thus will be entitled to the protections of the state health
care provider medical malpractice statute. The definition of covered
persons in the above cited section includes a person acting in a
professional capacity in providing health care services by or on behalf of
the state, including a physician or psychologist acting pursuant to an
assignment to render health care services for or on behalf of the state,
without regard to where the services are performed, whether or not he is
paid for such services, or performing voluntary professional services in a
health care facility or institution for or on behalf of the state.
Health care providers can coordinate provision of medical services with
the Department of Health and Hospitals through the Office of Public
Health at (225) 763-5751.
(Added by LSMS) Other numbers for physicians who wish to volunteer are:
Michelle Naquin, Medical Staff Services, BRGMC, 225.381.6244
US Dept. of HHS, 1-866-KAT-MEDI,
https://volunteer.hhs.gov
Dr. Jean Takanaka, 225.763.5751
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