Medical professionals are on the front line in the fight against COVID-19. In these most trying circumstances, we know everyone is acting in the best interests of the patients, with compassion, and with prudence. Nonetheless, you should begin to think about what comes after the war. Our experience in past disasters and crises unfortunately teaches us that regulators, government investigators, and plaintiffs’ lawyers will often seek to second-guess and question every course of conduct and decision. Here are several practical strategies for helping ensure that you can show you acted with integrity and in the best interests of your patients.
Louisiana District Courts Clarify Use of Video and Teleconference
On March 30, the United States District Courts for the Eastern District of Louisiana and the Middle District of Louisiana issued orders to clarify the proper use of video and telephone conferencing for certain criminal matters under the CARES Act’s authorizations for these conferences during the COVID-19 emergency. All video and telephone conference hearings or events require the consent of the defendant or the juvenile after consultation with counsel.
The courts set one standard to determine whether a video or telephone conference may be appropriate for pretrial, probation, and juvenile proceedings; and another, more onerous standard for felony pleas and sentencings.
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