As more Americans battle the novel coronavirus, more are asking, “Can I sue if I or a loved one becomes infected with COVID-19?” Law firms across the nation are tackling this issue one day at a time.
When filing a medical malpractice suit, the question to be asked is this: “Were reasonable measures taken to prevent the spread?” If the answer is no, you’ll need an accountable medical malpractice attorney to guide you through the process.
Typically, to file a medical malpractice case, one needs to prove the following occurred:
- There was a violation of the standard of care.
- An injury was caused by this negligence.
- The injury resulted in significant damages.
However, given the state of affairs, there is much debate about how much protection will be offered to medical providers in this pandemic. At the moment, experts suggest there will be a surge in medical malpractice claims suggesting that:
- Medical facilities were not prepared for the pandemic
- There was a failure to diagnose the disease
- An insufficient course of treatment is taken for patients
- Patients have inadvertently been exposed to the disease where the procedures had been delayed
Who is Likely to File a Medical Malpractice Claim Because of COVID-19?
At the start of the pandemic in the United States, COVID-19 was reportedly only an issue for older Americans and those with compromised immune systems. However, as time has progressed, the illness has claimed the lives and infected patients across age demographics.
According to the Centers for Disease Control and Prevention, the Severe Outcomes Among Patients with Coronavirus Disease 2019 report explains that “This first preliminary description of outcomes among patients with COVID-19 in the United States indicates that fatality was highest in persons aged ≥85, ranging from 10% to 27%, followed by 3% to 11% among persons aged 65–84 years, 1% to 3% among persons aged 55-64 years, <1% among persons aged 20–54 years, and no fatalities among persons aged ≤19 years.” However, these numbers and reports are changing daily. TIME magazine reports that the first minor has died from the virus.
My loved one contracted COVID-19. What can I do?
If you believe your loved one has contracted COVID-19 and was not cared for properly by a medical provider, resulting in death or serious injury, call us today. We have medical malpractice attorneys all over the nation waiting to take your case.