With Virginia Governor Ralph Northam ordering residents to stay home to slow the spread of coronavirus, thousands of Virginians have been infected with COVID-19 so far. But can they file a medical malpractice lawsuit over COVID-19 misdiagnosis, failure to treat or administer a coronavirus test, or other forms of medical errors related to the diagnosis and treatment of the virus?
The question depends on a multitude of factors, including the expertise of your Virginia medical malpractice attorney, the existence of federal or state laws limiting healthcare providers’ immunity from liability during the COVID-19 pandemic, and many more.
While most doctors, nurses, and other frontline workers are risking their own lives and doing all they can to save people and prevent the spread of the disease, some end up making medical errors and causing harm.
But can injured coronavirus patients sue negligent doctors for medical malpractice during the COVID-19 pandemic? Or can surviving family members sue for the coronavirus-related wrongful death of their loved one?
At this point, the answer is anything but straightforward.
With the White House projecting that up to 240,000 Americans could die from COVID-19, millions of people in the U.S. could require medical attention due to complications from the virus.
When a person goes to a hospital with coronavirus symptoms, such as fever and coughing, they expect doctors to help them recover. Unfortunately, many healthcare providers end up causing harm when diagnosing or treating coronavirus. But can COVID-19 patients file a medical malpractice suit to seek compensation during the pandemic?
That depends on how the alleged malpractice occurred. There can be different types of medical errors when diagnosing and treating patients infected with COVID-19:
In March, Business Insider released a report saying that the COVID-19 outbreak could lead to a surge in medical malpractice lawsuits. The report explained that whether or not patients will be able to sue for coronavirus-related medical errors depends on the possible state and federal legislation to relieve healthcare providers’ liability during the pandemic.
Doctors and medical professionals on the front line of the coronavirus pandemic are already asking lawmakers to provide immunity from liability, as reported by Reuters on April 2. At this point, the issue of medical malpractice in coronavirus cases remains unresolved as the country’s COVID-19 death toll continues to rise rapidly.
However, at least one state – New York, which has the country’s highest number of coronavirus cases and deaths – is likely to pass legislation that could shield hospitals and healthcare providers from malpractice lawsuits. More states could follow suit.
Regardless of whether Virginia enacts a law limiting healthcare providers’ immunity from liability in medical malpractice lawsuits during the coronavirus pandemic, you should build your legal case against the negligent doctor or hospital with the help of a personal injury lawyer in Virginia Beach.
You have no time to waste, given that Virginia’s statute of limitations for medical malpractice cases is only two years. Under Va. Code § 8.01-243.1, Virginia’s time limit for bringing a med mal case is two years from the date of the “last act or omission giving rise to the cause of action.”
Given that no one knows how long the COVID-19 pandemic will continue to ravage the country or when (if ever) lawmakers would enact legislation limiting liability for coronavirus-related medical errors, it is critical to document your injury and start building your legal case as soon as you can.
Failure to file a med mal lawsuit within two years can result in the dismissal of your case.
As the country continues to grapple with the pandemic, it is unclear whether other states, including Virginia, would follow in the footsteps of New York to pass laws limiting doctors’ liability in coronavirus-related medical malpractice cases.
In the absence of legislation barring COVID-19 patients from bringing medical malpractice lawsuits, the plaintiff would have to establish three elements:
Also, Virginia law requires expert testimony to establish the applicable standard of care in the plaintiff’s particular situation and prove that the defendant deviated from the standard of care, which, as a result, caused harm to the plaintiff.
Talk to our Virginia Beach medical malpractice lawyers at Breit Law PC to discuss your case. Call at 757-456-0333 or complete our contact form for a case review.
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Attorney William Breit takes the time and effort to understand your personal injury case, and strategize for the best outcome. William Breit is a distinguished trial lawyer who has been at the forefront of major personal injury cases in Hampton Roads, Virginia for over 36 years. Our practice areas include personal injury, medical malpractice, auto accidents, brain injury, wrongful death etc.... View full business profile here: William Breit
