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Can I Sue for Medical Malpractice Related to COVID-19?

December 17, 2020 Posted in Medical Malpractice

The novel coronavirus, known as COVID-19, has altered life as we know it, and that’s especially true for residents of The Villages who are over the age of 65. With many residents preferring to stay indoors in order to avoid getting sick, some have slowly tried to return to normal life with safety precautions. As such, getting sick has become more common, and while the virus is new and little remains known about how to treat it, doctors must still provide the best care possible. Too often, symptoms have been disregarded and doctors have failed to properly treat a patient suffering from COVID-19, leading to hospitalization or even death. If you or a loved one is currently sick with the coronavirus and believe the attending doctor has failed to properly treat you, contact the Villages medical malpractice attorney today.

Curious about whether you have a personal injury case for medical malpractice? Below, we explain what amounts to medical malpractice related to COVID-19.

Understanding Medical Malpractice

Doctors are required to provide a standard of care that other doctors would provide when treating a similar illness. Under Florida law, if a doctor decides to apply a certain kind of treatment that other doctors in his position would not have provided, then that doctor can be sued for medical malpractice if the patient’s health does not improve or becomes worse. In this lawsuit, the patient or the patient’s family can pursue medical malpractice damages in order to recover their expenses and any pain and suffering.

With respect to COVID-19, identifying what would be considered a ‘standard of care’ is tricky because the disease is still so new. However, if you go see a doctor with symptoms the Center for Disease Control and Prevention has recognized as symptoms of the coronavirus, and the doctor does not conduct the appropriate tests to determine whether you have in fact contracted the coronavirus, then that doctor could be held liable for medical malpractice if you are later diagnosed with COVID-19. Similarly, if you see a doctor because you are suffering from the coronavirus and the doctor fails to treat you with the same level of care that other doctors are applying to their patients, then a medical malpractice lawsuit might also be an option. 

In a medical malpractice lawsuit, your The Villages medical malpractice attorney would likely aim to prove your doctor did not properly care for your COVID diagnosis by finding a medical expert who can testify about treatment best practices and demonstrate how your doctor failed to follow those best practices. Your attorney will likely argue for damages that cover your medical expenses, as well as damages for any pain and suffering you may have experienced due to the doctor’s inability to properly treat you.

Contact  The Villages Medical Malpractice Attorney If You Were Not Properly Treated

Just because the coronavirus is a new illness doesn’t mean doctors aren’t required to properly treat it. If you’re struggling to heal after receiving poor medical care, a The Villages medical malpractice attorney can help you get back on your feet. Contact our offices today.

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