What legal protection should a hospital provide, if any, to its ethics committee and individual members?

Conclusion

To ensure that a HEC has maximum protection in the event a lawsuit is initiated against it as a whole or its individual members, the authorizing body should take the following action:

• 1. ensure that adequate statutory protection is available

• 2. offer indemnification to individuals on the committee, and

• 3. provide adequate insurance protection.

If there is not a broad enough statute in place in the jurisdiction, measures may be initiated to generate new legislation (with care to avoid lobbying) in order to permit committees that advise in patient disputes to be granted immunity similar to the benefits enjoyed by peer review committees. The board of directors of the corporation should make each appointment to the HEC by providing notice that the member could be indemnified against losses should a claim be made as a result of actions while serving on the HEC. The board of directors should provide further protection by purchasing adequate insurance that includes coverage under (1) a directors' and officers' policy and (2) professional liability insurance and (3) general liability insurance.