COVID-19

COVID-19 and Medical Malpractice Lawsuits in Florida

Published on: May 21, 2021 | Anthony Quackenbush, Esq.

On March 29, 2021, the Governor of Florida, Ron DeSantis, signed into law SB72, “Liability Protections for COVID-19-Related Claims” granting liability protections against COVID-related injury and death claims. This law protects health care providers, businesses, religious organizations, governmental entities, and individuals against civil liability by applying a heightened standard of proof for plaintiffs claiming damages due to COVID-19.

The goal of the legislation is to protect frontline workers and other health professionals and help businesses reopen. Senate President Wilton Simpson stated, “Our hardworking and dedicated health care providers have been on the front lines of this pandemic from day one, putting their own health in jeopardy to help others. Meanwhile, businesses across Florida are doing the best they can to safely reopen and keep people employed during a period of extreme uncertainty. The last thing we want is for businesses and health care providers, who do the right thing, to face a constant threat of frivolous lawsuits that hamper their ability to serve their patients and customers.”

While it may be true that some lawsuits are “frivolous,” I maintain a very high level of integrity in my practice in personal injury law. I feel a duty to help individuals in their pursuit of justice and compensation against large organizations and big businesses and never file frivolous suits. If you believe you have been harmed due to COVID-related negligence, reach out to me. We will discuss the circumstances and determine if arguing based on COVID is the best approach, or if there are other acts of negligence that took place that may be more likely to prevail in court.

COVID-19 Business Interruption Insurance Claims – An Update

Published on: January 28, 2021 | Anthony Quackenbush, Esq.

In the greater Fort Lauderdale area, businesses have been hit hard by the shutdowns and slowdowns caused by the pandemic and we look to what is happening across the country for guidance. Hundreds of business interruption insurance claims have been filed across the country on behalf of businesses, both large and small, seeking coverage from their business insurance policies for losses due to COVID-19. Many lawsuits have been dismissed by the courts, but some have successfully moved forward. By analyzing the successful cases, law firms and attorneys are beginning to see winning strategies to ensure their clients get the compensation they deserve under their insurance policies for losses due to the COVID-19 pandemic.

Insurer Arguments

Insurers argue that the purpose of business insurance is to cover tangible items and to compensate for physical loss or damage. This has been a powerful argument before the courts, with many judges rejecting claimants because they have not demonstrated distinct, demonstrable physical alteration of their facilities.

Medical Malpractice and COVID-19: Do I Have a Case?

Published on: December 18, 2020 | Anthony Quackenbush, Esq.

These are unprecedented times in the medical field. The novel coronavirus, also called COVID-19, caught the medical world unprepared. There is no question that some people experienced serious harm and death while under the care of a physician who used procedures that have since been proven to be less effective or in fact harmful. The question is, do you have a malpractice case?

The answer is unclear because it depends on your particular circumstances. It’s best to talk to an experienced malpractice lawyer to review the details of your situation. In order to prove medical malpractice, we need to prove that the healthcare provider or institution violated the standard of care, an injury occurred due to this negligence, and the injury resulted in serious damage.

The problem is that there has never been a situation quite like this before; therefore the “standard of care” for a COVID-19 pandemic has not been set. Quite a few COVID-related lawsuits have been filed, and the legal definition of “standard of care” will probably evolve for some time as these cases are settled.