You would think so, but with enough lawyers, I think the hospital could claim it just didn't know what the risks were (does anyone, really) and made a good faith effort to protect the staff. Honestly I feel for the administrators too. I'm sure they don't relish choosing between a bunch of terrible options. The real beef I have is with the federal government. This attitude towards the states of 'you should be trying to get this stuff yourselves' is ridiculous. In the face of scarce resources there is only prioritization of the resources and working to increase overall capacity. Letting the states get in bidding wars ensures masks go to the richest states, not the states where the need is greatest.