There has been some discussion about the potential for veterinarians to assist in the vaccination of humans against COVID. Potential interest on the part of some veterinarians is understandable as the profession often responds to disasters and we naturally want to help. We know that having veterinarians volunteer to assist in vaccinating humans is not under consideration at this time in most states. There are however some states where there have been preliminary discussions or even requests for potential volunteers to identify themselves.
As organizations consider the topic, one important issue to keep in mind is potential legal risk. This is an unfortunate but necessary consideration given our litigious society. Here are some preliminary thoughts to consider. We had hoped to have more information for you, but wanted to get something to you now and will update you as we have more information.
However, in the end that doesn’t settle everything for us, as there are a number of appellate cases saying the immunity provided is not 100% (e.g. doesn’t cover failure to use a countermeasure), and even the Secretary’s declaration says that there would be a case-by-case determination. For veterinarians, since malpractice insurance wouldn’t likely respond and defend against litigation involving treatment of humans, any defense costs would be out of pocket even if it was determined in the lawsuit that the immunity applied.
Ashley S. Morgan, DVM, CAE
Director | Division of State Advocacy
American Veterinary Medical Association
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