The COVID-19 relief package recently enacted in Wisconsin is running into some backlash over a medical provision. Some say it strips legal protections for patients when negligent care is provided during the crisis. Gov. Tony Evers recently signed the relief bill that gives the state the ability to distribute federal stimulus funds. But a last-minute amendment broadened the scope by giving legal immunity to medical providers when errors occur caring for patients.
Beverly Wickstrom, president of the Wisconsin Association for Justice, said the provision was fine under the original language. “If it had been solely limited to the treatment of COVID-19, then I would say yes, that makes sense because there is so little known about the virus,” Wickstrom said. “But to go beyond that, to encompass everything that the health care system does, it just doesn’t make any sense at all.” The provision said a provider is immune from civil liability for actions or omissions that happen during the current state of emergency, up to 60 days after it ends.
Democrats in the state Legislature said it was too late to fix the last-minute change, which crossed out references to COVID-19 care. The change was made by Assembly Speaker Robin Vos, R-Racine County, who did not respond to a request for comment. Groups who support the broader protection have said providers need such protections during the crisis. And they point to language stipulating the immunity doesn’t cover reckless conduct. But Wickstrom said the state shouldn’t take away the rights of Wisconsin residents to seek legal action. She said negligence in general care can happen any time, and removing avenues for redress during the crisis could put more strain on social programs down the road.
“It’s going to have a financial impact on the taxpayers who are forced to pay for mistakes that otherwise would be paid for by the malpractice insurers,” she said. Lawmakers who opposed the amendment have expressed doubts it can be changed again.
