COVID-19 Vaccination and Medical Civil Liability - DAC Beachcroft

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COVID-19 Vaccination and Medical Civil Liability

Published 18 March 2021

The arrival of the various vaccines to prevent Covid-19 – which in each country is taking place at a different rate – has sparked discussions about the assurance of the potential responsibilities that could arise in the heads of health professionals and/or medical institutions, for the logistics and effects of the application of these vaccines.

As it is an atypical vaccination, which seeks to occur in record time, and with products from different pharmaceutical companies whose approval processes have not been free of controversy, there are fears about the legal consequences that could occur in the various scenarios already envisaged for this titanic work. Whether there are claims for lack of access to the vaccine, for damage caused by product defects (inherent to the producer, or caused by storage or distribution failures), or for the side effects of any vaccine, the truth is that medical professionals and clinical institutions, wonder whether it will be sufficient with their current medical liability policies, or whether specific coverage will be required for these "new" risks.

Doubts add to the overall trend of the global insurance market to exclude from its policies several of the risks associated with Covid19, which is particularly relevant and requires further analysis in terms of these medical liability policies, in order to avoid contradictions, in order to ensure appropriate coverage for the risks of the activity in question.

Key Contacts

Juan Diego Arango

Juan Diego Arango

Bogotá D.C

+571 744 3264

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