Medical Malpractice Claims: COVID’s Effects on Viability

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. Allegations of malpractice can sometimes be difficult to prove in court and become even trickier to pursue during the pandemic.

Potential obstacles:

  • Recent legislation makes healthcare providers immune to liability if they are currently providing care related to COVID-19. Even if you are not treated for coronavirus, all services may be covered under this immunity.
  • People currently hold health care workers in high esteem and juries may favor them when deliberating on a malpractice case.
  • Most courts are still operating on a remote basis only, creating a backlog of all trials. Criminal trials are expected to be first in line for resolution once courts reopen.

Even with these roadblocks, gross negligence and medical errors that cause significant injury or death should not be ignored. Kelleher + Holland, LLC understands that your immediate objectives are to cover your medical bills and prevent any suffering due to lost wages. Our team can provide a thorough review of the details of your situation to determine the viability of your case and pursue a potential claim.

Contact any of our personal injury attorneys for advice on the best course of action to take.

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