Healthcare organizations facing potential liability related to COVID-19 may have some protection available on state and federal levels. State protections vary, but one example is New York, which recently passed legislation that provides healthcare providers and facilities with immunity against potential lawsuits related to COVID-19.
Nursing homes and affiliated health systems may face an onslaught of lawsuits alleging they failed to properly care for residents during the COVID-19 pandemic. Limited resources and the vulnerability of nursing home residents led to many deaths in nursing homes, and families will question whether those deaths could have been prevented.
Volunteer emergency department providers should verify their malpractice insurance covers voluntary service. Hospitals should check that volunteer providers are covered under the hospital’s malpractice insurance. Additionally, leaders should look to relevant state law to determine the extent of liability protections related to volunteers.
Hospitals expect plenty of litigation from emergency department (ED) providers who have contracted COVID-19, often while working without adequate personal protective equipment. Read on to see some claims that ED nurses, ED staff, or emergency physicians may bring against hospitals.
Enacted protections offer emergency department providers some immunity from liability, except for gross negligence and willful and wanton conduct. This leaves plaintiffs’ attorneys with just one option for pursuing a medical negligence case.
This case reveals the indisputable importance of experts. Important lessons from this case relate to challenging the sufficiency of such experts and whether the experts have offered opinions relevant to the proceedings. Who qualifies as an “expert” may be the proper subject of debate.
This case raises important considerations about making appropriate choices in the selection of equipment and methods for treatment, as well as the importance of retaining a qualified and persuasive expert witness in the event of litigation.