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To answer the second question first: You do not have to perform any action/deed, you can instead choose to accept the consequences.
ERGO: If you contract with someone or the law requires you to perform a duty and circumstances make the fulfillment of that contract or your ability to perform the duty impossible, then no.
Example: You contract to sell a specific living animal (pet/livestock) and that animal dies before you deliver, then no. The contract is null and any consideration you received for the live animal would be owed to the other party.
As far as paying up for the death, that would be a matter for negotiation or up to a jury if the hospital and plaintiff didn't reach a settlement. Every case is unique. The amount that could be awarded might depend on factors such as: Did the decedent do or fail to do something that contributed to his death? If so how much of the decendent's action or inaction contributed to their death? What would have been the economic value of the decedent's life to his beneficiaries if he had lived out his natural life? Did the hospital (or its personnel) do something or fail to do something so outrageous that the jury is allowed to award punitive damages.
Let's extend that to anyone who works in an "essential business", grocery stores for example. If a person who works in a grocery store gets infected and becomes unable to work, do they claim Workers Compensation? If they die, do they get a bigger payout from Workers Compensation?
Asking for my mother, who is a grocery store worker in Ontario, Canada
I've heard retail worker, cashiers and such are not allowed to wear masks to protect themselves (or unknowingly spread the virus) because it "scares the customers" wtf?!? It scares me more that they're not.
This is a question I've been wondering because my wife is an ICU nurse in Washington that works exclusively with COVID patients and the masks they have aren't sufficient for filtering out the coronavirus particle size which effectively makes them useless and all the nurses are flipping their shit over this but the hospital isn't doing anything.
My daughter is an ICU nurse, and that's why I asked. We're in NC, its starting to get crazy here and I worry. I know shes the type to risk herself to help someone else who needs it....I love the compassion she has for people, and i hate it at the same time. I hope your wife is able to remain in good health thru all of this. Shes amazing for what she does, before the pandemic but even more so now. I dont know how they are able to keep their shit together, I dont think I could. Please thank her for me.
>but the hospital isn't doing anything
Honestly though, what is the hospital supposed to do? What do the nurses want the hospital to do? This is so unprecedented... It's not like they're refusing to get proper supplies, they literally cannot acquire them despite their best efforts.
I'm not the one with answers to that, I don't work in the medical field and I don't know their procedures for all of that. But putting my wife's health at risk, my health at risk, and COVID rule out patient's health at risks by making them use equipment that does nothing to protect them from a deadly virus is 100% not okay. I would rather be a married man than lose my wife in our first year of marriage because a hospital refused to pursue ensuring their employees have proper PPE.
NALB sounds about right when you work in my industry if you don't provide dust masks and safety glasses OSHA doesn't care if there are none available in the free market to purchase or not. Just that if the company allowed the employees to work without them and they then come to harm by not having these things available the company is at fault.
I have a sister in law in this exact situation right now. She had someone being tested sent to her ward when they were not equipped and so now every nurse that was on the floor has to quarantine for 2 weeks, including my brother. He lost his job, and she is still getting paid. They have no plans to sue since he was quitting soon anyways, but I'd be interested to find if they have a case or not
These should be reportable incidents under OSHA at the very least so they can decide if the employers acted irresponsibly. It's tricky in this case because many health professionals are willing to sacrifice themselves for others by working in dangerous conditions. Our obligation as a society is to ensure this always a free and individual choice and ensure external threats & pressure are not being used to force people to do this.
It’s morally irresponsible for medical professionals to engage in life endangering acts such as this. Exposing themselves increases risk to themselves and other patients.
If they become sick they become a patient further burdening the health system.
They also decrease the number of trained professionals ready to serve patients. The replacement is likely not as effective.
Medical professionals have an obligation to remain safe.
> Imagine they keep workin. What happens next?
They get sick with coronavirus. And keep working while sick, taking care of other corona-positive patients. Some of them will die. Most will recover from the disease and then get back to work again.
But many more lives will be saved compared to if they all waited for PPE supplies to finally arrive. NYC has already set up refrigerated trucks at all hospitals because they expect morgues to run out of space!
Nobody should be forced to make that choice, but most people in healthcare will volunteer to save tens or hundreds of lives even if they are almost certain to get it themselves. It's just reality what's already happening in Italy and soon everywhere else.
I disagree. Working without PPE will spread the disease to others who do not have it. Remember you can spread it for a while prior to showing symptoms. You’ll also increase the viral
load in patients who already have it either killing them or extending their time on a respirator.
Some medical professionals will need respirators taking them from others.
Providers are getting this even while using PPE.
if our healthcare workers make that choice to work without PPE we may see a point where there are no healthcare workers left to save anyone.
I’m pretty sure that most of the people working on corona patients are only working on corona patients.
Not positive but all the news articles state that they have sectioned off whole parts of the hospital to deal with this, and assume that all the medical staff working there are carrying the disease.
IDK where you're getting your information from and I don't know what's going on at other hospitals, but my friend is a nurse and at his hospital, they are floating nurses all over the hospital, particularly in and out of the ICU to give people working on corona patients a break
Imagine they stop working. Do they just kick everyone out of the hospital? Send everyone, including the ones with acute respiratory failure due to an active COVID-19 case, to find another hospital, or just go home and die in their beds with fluid filled lungs?
Imagine if they stop working.
What happens next?
Every person who is critically ill dies. It is well worth the risk to their own lives if they take care to minimize their exposure even without PPE.
If they keep working they save people’s lives. They may get sick in the process and need medical care but they are saving far more than one life so their overall contribution to the healthcare system is positive.
We are being asked to shelter in place in order to avoid people who potentially have the disease from infecting others.
I think people who definitely have the disease will infect others even if they minimize exposure. That is why they use PPE. As they sicken they will no longer be able to work.
Their ability to cure and help others is why they have to be protected.
It may not help this person, but it could help many future people. You obviously can't put a price tag on losing a loved one. You can make the company think "Gee whiz, it wouldn't be in our best interest to pay others this amount or endure more bad publicity." That's why you sue. To force them to do the right thing in the future.
Almost guaranteed no, trying to prove the hospital's liability would be hard to do. It would be almost impossible to prove that he contracted it there, although it's likely. You would also have to prove that the hospitals procedures were inadequate to prevent him from being exposed and that he followed proper procedure 100% of the time. Also, no one forced him to be there. He chose to work there knowing that they didn't have the best equipment for the job. Lastly, getting sick is a known risk of the job. The fact that having better equipment would make the job safer doesn't prove that their current equipment is inadequate, just less effective.
They do usually get worker's comp. I just asked someone this, she got a cold and was told to stay at home for a week. One of her patients had the flu. If they both had swabbed positive for the same flu, she would have gotten worker's comp.
> He chose to work there knowing that they didn't have the best equipment for the job.
The employer is responsible to provide the equipment, training, and PPE for a job. Not the employee. This is clear in OSHA guideline in at least terms of PPE.
He was not in the military! Without proper equipment they should not be forced to put their own lives in danger. Would you expect a surgeon to operate without a scalpel? Would you tell them to make due with a plastic knife?
>That might be true, but these are extenuating circumstances, force maejure, and almost wartime.
Those are contractual terms. These are employment regulations, unless changed, don't go away. The employer should have known or knew that an emergency could have arisen and wasn't prepared for it. The liability almost never shifts to the employee, unless the employee disregarded policies, procedures, and/or training.
Treat your healthcare like you treat your military. Should be a point of national security not profit.
For profit healthcare creates so many supply chain issues, staffing issues, I mean the list is too long.
Wishing you and yours the best.
"Another nurse described “issues with supplies for about a year now,” during which it got “to the point where we had to hide our own supplies and go to other units looking for stuff because even the supply room would have nothing most of the time.”