Malpractice Risks During COVID-19


Posted July 22, 2020 by realtoughlawyers

Osborne & Francis Law Firm PLLC is a medical malpractice and Pharmaceutical Malpractice law firm in Boca Raton, Here our personal injury attorneys are ready to tackle your case no matter the circumstances and no matter where you are.
 
As we all know, conducting malpractice is never a good scenario to be involved in. What makes matters worse? Well, given the state of pandemonium the world is facing with COVID-19, many of us are more concerned with what’s to come.

Medical malpractice law in Boca Raton is one of many specialties that larger law firms will cater to during these difficult times. Hospitals across the U.S. are overwhelmed with the amount of COVID patients that need to be dealt with on a daily basis.

Today, we’re going to be looking at how malpractice and the pandemic go hand in hand, and why many of these issues surrounding this subject matter, don’t have an easy solution for the time being.

Malpractice & The Pandemic

There aren’t enough resources or knowledge of the virus, which would adequately facilitate the needs of these patients. The bottom line, many practices were not ready for what was in store for them.

This will likely lead to an increase in medical malpractice claims, making medical malpractice law in Boca Raton that much more essential for many clients and patients alike. The following excerpt from reliasmedia.com is indicative of how these risks can be avoided altogether:

“To reduce legal risks during this time, Cummings says ED providers should use best practices, document reasons for exercising judgment calls, and keep updated on all recommendations. “Many liability insurance carriers are stepping up to the plate and expanding coverage in the wake of the crisis.”

If you’re doing everything in your power to assist your patients both legally and professionally, then there is very little to worry about.

Of course, certain risks are imminent, but if you’re not intentionally doing anything to provoke the medical malpractice laws in Boca Raton, you’ll stand a better chance of fighting for your cause.

The scope of the Coronavirus situation is completely unprecedented. The ER doctors should not be persecuted for not getting the equipment and treatment methods that they need, in a timely manner. No one has control of how fast or slow a hospital can replenish its goods to use on its patients.

Based on another excerpt from reliasmedia.com: “Because the recommendations regarding this virus are changing frequently, the standard of care is difficult to define.”

The demands and requirements for COVID are constantly changing, enough so, it’s continually muddying the waters for medical professionals and their patients.

Even for other areas of law that concentrate on medical laws like pharmaceutical malpractice in Boca Raton. With all of this being said, it would take a lot to initiate any kind of malpractice actions.

There are other factors in play here as well. When it comes to things like COVID testing, to date, there isn’t a quick turnaround time for this, and this does not necessarily have a direct impact on pharmaceutical malpractice cases in Boca Raton, but it’s all relative to the demand that many hospitals are trying to facilitate during this time.

The entire scenario has become a game of divide and conquers, as healthcare resources are being funneled into caring for patients that have fallen prey to the harshness of the virus.

In terms of how this correlates with medical liability, many professional caretakers aren’t readily available to take on these cases, given their predicaments.

So the larger-scale issues to think about are the standard of care. Are you acting within reason under the circumstances following the initiatives that are in place?

You should know you have some immunity protections and it's helpful to know what they are in your state as you make decisions at a health care professional level.

Additionally, another topic of discussion that can come up is what do doctors say to their patients and how can they deal with the disclosure of risk.

In terms of disclosing the risk, Start by covering all of the fundamentals, You’ve always had an obligation to give your patients advice about the potential risks, benefits, alternatives.

So now that we're in the middle of all of this pandemonium, people are curiously asking, ‘What do I have to inform the patient about? And can I protect myself from mitigating the risk of a lawsuit?

These are the essential questions that medical professionals need to be asking themselves during these arduous times.

Additional Solutions

Many providers are carving a path that is essential to combat COVID-19. A plethora of these providers have outlined specific plans, with assistance from their lawyers and the risk management teams as well as COVID-19 specific programs. These will cover areas of patient screening, monitoring your associates and patients, etc. Make it as thorough and as detailed as possible to ensure that an appropriate plan is in place, which can eradicate issues like pharmaceutical malpractice cases in Boca Raton.

Make sure that your patients know what they’re signing too, as it pertains to being informed about liability and incurring any form of risk.

Even if you go to the lengths to make them aware of these realities, people are still going to question if you acted cautiously and with good intentions?

Include information about COVID-19, as it relates to the patient and their well-being. Interestingly enough, they do have those immunity provisions that have come into fruition in a variety of states that do provide some level of guaranteed protection.

In terms of medical economics, in this day in age, especially with prior planning needed due to COVID, many doctor’s offices and facilities are operating through remote instruction during this time.

A vast majority of the medical malpractice insurance carriers who had very rigid rules in place about telehealth sessions, have become much more lenient to these rules or adjusted them to accommodate the shift in delivery models, and the increased use of telehealth on such short notice during the pandemic has made for a much more feasible experience for both the patients and healthcare providers.

Risks, often time, are imminent, but there are ways to avoid them altogether if you practice discipline in your craft, as well as adhere to all of the necessary rules and procedures.

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Issued By Osborne & Franscis, PLLC
Phone (561) 293-2600
Business Address 433 Plaza Real Blvd Ste. 271
Boca Raton, Florida, 33432
Country United States
Categories Law
Tags medical malpractice law , pharmaceutical malpractice
Last Updated July 22, 2020