The Doctor’s Advocate | Third Quarter 2021

PREP Act Update

The federal Public Readiness and Emergency Preparedness (PREP) Act was one of the earliest touted defenses to COVID-19 liability claims. While many believed that the PREP Act might be a “silver bullet” defense against COVID claims, The Doctors Company and like-minded groups decided not to rely solely on the PREP Act as a defense against COVID claims and have continued to fight for specific state-level protections.

As COVID-19 litigation begins to enter the system, early indications suggest that we and our allies were correct: Far from being a remedy, the PREP Act has, to date, been of limited use in defending against COVID-19 claims. A recent Reuters article provides an update.

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The Doctor’s Advocate is published by The Doctors Company to advise and inform its members about loss prevention and insurance issues.

The guidelines suggested in this newsletter are not rules, do not constitute legal advice, and do not ensure a successful outcome. They attempt to define principles of practice for providing appropriate care. The principles are not inclusive of all proper methods of care nor exclusive of other methods reasonably directed at obtaining the same results.

The ultimate decision regarding the appropriateness of any treatment must be made by each healthcare provider considering the circumstances of the individual situation and in accordance with the laws of the jurisdiction in which the care is rendered.

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