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.