Healthcare providers in the United States currently face a wide range of potential legal challenges in the wake of the U.S. Supreme Court’s Roe v. Wade decision.
Hara Helm, Strategic Medical Risk Advisor at Marsh, Kimberly Bailey, Chief Risk Officer at Intermountain Health, and Paula Sullivan, Managing Director at Marsh examined how the right to legalize or ban was returned to each state.
As they noted, this decision opened the door to uncertainty and legal risk for providers in all states. The committee noted that the ruling triggered laws affecting maternal safety in many states and created uncertainty and legal risk for health care providers in all states. Some states have very restrictive laws regarding abortion, while other states have more liberal attitudes and protect abortion rights.
Health care providers currently face a patchwork of new and evolving abortion laws from state to state.
As a result, they are now implementing internal policies that allow them to adapt to change. Some people struggle with the uncertainty introduced into the process.
The Supreme Court’s decision means that legal and medical standards are not aligned in the United States. The landscape is constantly changing due to legal challenges and state referendums regarding abortion, and multiple lawsuits are pending.
The potential for physicians to face a wide range of legal actions involving liability issues is now much more complex than in the past.
Hospitals should consider maternal risks and check whether a pregnant patient is facing a medical emergency that could endanger her life or affect her material well-being. I am put in a position where I need to. Legal risks are currently associated with treatment.
The committee said a wide range of risk considerations must be considered for health care providers across the country, and risk management must be updated in response to changes in various states. Documentation must be constantly updated to ensure all details are recorded, especially if an abortion is sought as a result of rape or incest, or if complications put the mother’s life at risk. was emphasized as such.
The Committee also emphasized that policy language needs to be reviewed to ensure that it reflects recent events and provides the correct content.
Coverage may be structured such that a captive can be used to provide coverage to protect against legal issues that may result from an abortion being provided and the physician subsequently being prosecuted .
