The hurricane Katrina Disaster demonstrates need for redefinition of the role of physicians and other medical personnel in response to all such disasters. There is an urgent need for: (a) additional liability protections of medical personnel, (b) new "standard of care" guidelines in consideration the disaster circumstances, (c) review of medical judgment by panels knowledge of disaster medicine issues, all of which should become applicable upon Declaration of Disaster by the President or the Governor of the State.

Objective 1: Legislative Amendments to Good Samaritan Statute and Other Liability Protections

[The "mistakes" in the government responses to Hurricane Katrina became apparent to all.] Federal and State officials are provided certain qualified immunities for "mistakes" in judgment. The rational is that if every judgment of public officials were subject to challenge, the government would become grid locked by litigation.

A similar policy concern should be applicable if medical personnel are to be called upon to respond to a disaster and have their "judgment" become the subject of normal civil and criminal consequences. Why not provide this immunity protection to medical personnel during disasters?

Louisiana, like other States, has Good Samaritan Statute which provides limited protection for medical personnel. A doctor who arrives on the scene of an accident and renders gratuitous services is protected against litigation for "negligent conduct." An expansion of the "Good Samaritan" statute is necessary to encourage participation of medical personnel in responding to disasters.

The Social and public policy behind the Good Samaritan Statute is to encourage physician participation at the "scene of an emergency" without subjecting the physicians to the usual prospective litigation consequences. During Hurricane Katrina, the Greater New Orleans area was the "scene of an emergency" and the same public policy should apply to encourage medical professionals to stay behind and assist during such emergencies. The present statute requires " gratuitous" service and that requirement should be eliminated during disasters. Remaining "in harms way" and enduring family sacrifices by remaining "on call" are similar in nature to a "gratuitous" service regardless of actual compensation for their services.

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