Medical Malpractice regarding COVID-19

May 10, 2020
 Medical Malpractice regarding COVID-19

What is meant by Medical Malpractice?

Medical malpractice is a legal cause of action that occurs when a medical or health care professional deviates from his or her profession's standards, causing a patient to suffer injury.


Medical Malpractice related to COVID-19 


If a patient has been exposed to COVID-19 due to negligence in the hospital, a medical malpractice claim may be made against the facility. Medical malpractice claims differ from ordinary personal injury cases because they involve a more specific standard of care. In most of these cases, the plaintiff will need to retain an expert who can explain why the defendant did not act as a competent health care provider in the same specialty in the same situation. 


Medical malpractice cases involve typically tricky procedural requirements, and if they pursue this type of claim, a plaintiff should strongly consider retaining an attorney. 


U.S. medical practitioners at the front line of the coronavirus pandemic are urging policymakers to defend against potential malpractice lawsuits. According to some reports, more than half a dozen doctors and nurses in the emergency room said that they are concerned about liability because they anticipate rationing care or performing unfamiliar jobs due to shortages of staff and equipment caused by the outbreak.


Many doctors and nurses are concerned about the shortage of equipment and the obligation to resuscitate patients without ventilators. The healthcare workers could be vulnerable to lawsuits involving malpractice, and some physicians said the growing demand for hospital beds meant that they could not be as cautious as they would usually be for patients with non-coronaviruses.


Some states have enacted laws, similar to the laws protecting nursing homes, that immunize health care providers from liability for ordinary negligence related to COVID-19.

 

Several states have eased licensing requirements for health care providers or supervision requirements for allied health care professionals and emergency response providers to allow out of state health care providers to practice in their state.


Many states have amended limitation statutes, expanding the time frame for filing lawsuits in such civil matters. The immunity and protections provided by the HHS Declaration of 10 March 2020, as well as individual state legislation and orders, include qualifications and exceptions that need to be reviewed on a case-by-case basis to decide if there is immunity.


If you or your family members are affected with coronavirus due to medical negligence then contact the renowned Personal Injury Lawyer, New Haven, Connecticut




All people are equal before the law. A good attorney.