Medical malpractice is an injury that is the result of negligence on behalf of a healthcare provider. These cases are often extremely complex— and they’re about to become even more complicated. That’s why you want highly experienced medical malpractice lawyers, like Zappitell Law Firm, who are keeping an eye on these changes on your side. Call our Delray Beach, FL office to learn more.
What Medical Malpractice Lawyers Are Currently Seeing
In the past, physicians and healthcare providers have often won medical malpractice suits as the burden of proof is on the patient. Doctors, on the other hand, are expected to simply comply with the accepted standard of care, responding to the circumstances in a reasonable way. With the current coronavirus pandemic, additional protections against liability have been added for doctors and frontline workers (such as the PREP and CARE acts, and immunity to licensed physicians responding to the scene of a medical emergency). For example, with the current strain on the number of tests available, the number of ventilators available, the number of doctors and nurses able to be on the scene, and other resources, “malpractice” – that was the result of a lack of resources – is currently protected under immunity provisions. But is this something that will endure?
With the previously unprecedented conditions of the coronavirus pandemic, what is considered the “accepted standard” and “reasonable care” is likely to evolve even after the crisis has waned.
Currently, when treating COVID-19 (or suspected COVID-19) cases, or unrelated cases in the hospital environment, there are extra protocols in place to protect against the spread of the virus, and it is important that your doctor, nurse, or other practitioner remain transparent with you about performing each of these protocols and the risks.
But what about for the future?
What Changes In The Future May Look Like
Many aspects of how our healthcare system operates at the moment have changed, adapted, broadened, or simply sit in flux.
Here’s what some of the new changes might look like, even post-COVID-19.
Documentation is extremely important for both the patient and the doctor, to ensure that all protocols and precautions are being followed. So maintaining this is our first recommendation.
Another change that we might see is deadlines in filing lawsuits. Currently, they have been extended due to shut down courts and businesses, and will probably remain extended as we slowly return to normalcy and pick up the pieces.
Guidelines for appointments and care via Telehealth have also broadened. Insurance companies have now made it easier to get these kinds of appointments and for a wider scope of care. This will likely remain the case.
The bottom line, however, is that this is all new, and needs navigation to find where medical malpractice falls. At Zappitell Law Firm, it is our job to keep an eye on all these changes and learn how to stay ahead of the curve, so that if you are wronged in a medical malpractice case, we can most effectively fight for your rights.
Call the most effective, highly experienced medical malpractice lawyers in Delray Beach, FL. Zappitell Law Firm has fought on behalf of patients for 30 years. Call now to schedule a free case consultation with us!