Coronavirus mostly spared our hospitals from being overwhelmed, but that was because our government took precautions to prevent overcrowding. Liability concerns have been overwhelming because former patients will blame hospital workers for infecting them with coronavirus during treatments for other injuries or illnesses — all without proof. Now that elective procedures are allowed again (or will be soon), we can expect more frivolous lawsuits.
But there are legitimate lawsuits as well, as are determined by the details of those stories. We advise everyone with a story to tell their side — but find an experienced malpractice attorney who’s willing to hear it first. You’ll need one on your team to have a chance at financial compensation.
The is especially the case considering what the CARE Act has to say about hospital liability in the wake of coronavirus. Lobbyists from the American Hospital Association are fighting on behalf of doctors and nurses while others are fighting to keep patients’ rights to sue intact for the duration of the ongoing crisis.
Senate Majority Leader Mitch McConnell, who has a large foothold over Senate Republicans and a great deal of influence throughout the chamber, said that legal protections for employers were needed before any deal could be struck.
Senator John Cornyn (Republican-Texas) said, “We simply cannot allow a flood of frivolous lawsuits to harm our incredible health care workers or stunt our economic recovery.”
And in fact liability concerns were the primary reason that elective procedures were so delayed in returning to the table. Hospitals wanted greater protections because of coronavirus, knowing they would be sued on a grander scale than every before. But how do our elected officials balance the need for legal protections for one group with the need for legal options for another?
For now, hospitals that have followed state and federal guidelines are mostly shielded from liability due to coronavirus — as long as they can prove those guidelines were followed.