Covid-19 And Your Medical Malpractice Injury Case

This “new” normal that society has adopted due to the Covid-19 pandemic is causing havoc in the way patients are treated during surgery, after surgery and even in recovery. And it’s not just mistakes that are happening, but procedures are being ignored, or downright refused.

Take for instance this scenario…

A day after hip surgery this 78 year old patient is discharged from the hospital. The doctor informs the patient that physical therapy will be needed to help restore the patient’s flexibility and mobility. Unfortunately, due to the fears of contracting the Coronavirus, the physical therapist refuses to provide in-home care to the patient. The patient will need to make arrangements to visit their facility.

Not even twenty hours after being discharged from the hospital the physical therapist has the patient scheduled for their first therapy session. The patient can barely walk, so the patient’s spouse helps the patient to the car. Getting into the vehicle the patient feels a snap, belts out a deafening cry…the pain is immeasurable. Now instead of going to the therapist’s office the patient is routed to the emergency room. The ER doctor informs the patient that they have broken their pelvis. Then he questions the patient’s motives as to why they would venture anywhere after just having hip surgery.

Sadly, situations like the one above are becoming commonplace. Patients are not being given proper time to heal, or are being forced into complying with orders that are not safe for them. Then the patient gets injured.

In some States immunity laws have been put into place to protect the medical establishment from lawsuits if patients are injured as a result of a change in procedure related to Covid. Doesn’t seem fair does it? Negligence should never be given a pass. And when injured, the patient should be able to contact a lawyer and file a medical malpractice injury claim.

The law of medical malpractice defines negligent medical conduct as the doing or the failure to do something that a reasonably prudent health care professional in that field would or would not do under the same or similar circumstances. Fear of a virus should never preclude patient safety or medical care.

A plaintiff’s medical malpractice lawyer must present expert testimony on the standard of care required of professionals in the field of the defendant. Normally, the lawyer must prove that the defendant breached or failed to adhere to that standard of care, causing the plaintiff’s injury. A negative result in medical treatment in and of itself does not mean that the doctor committed malpractice. Medical treatment carries with it no guarantee of success. Many medical procedures involve risks which cannot be avoided even if the doctor exercises great caution.

The challenges these cases present are many and varied and our team will work aggressively to overcome them. We also have experts at our disposal to help get to the truth of what happened. Our experienced injury attorneys are skilled at working to secure favorable settlements and jury awards if settlement is not possible.

Negligence by a medical professional could be the result of an error in diagnosis, treatment or illness management. Negligence is based on a failure to follow accepted standards of practice. The law involving medical malpractice is designed to protect patients’ rights to compensation if they are injured as the result of negligence.

The Law Offices of David W. Holub is a personal injury law firm located in Merrillville, Indiana, focused on providing efficient and effective client-centered representation. Our mission is to provide top quality legal representation, which includes an uncompromising pursuit of our client’s legal interests, while being accessible and attentive to our clients during times of personal challenge.

The firm concentrates in personal injury cases of all types, medical malpractice, and wrongful death litigation. We work tirelessly to serve each client aggressively and with empathy, to communicate regularly and clearly, and to obtain prompt and favorable results, while adhering to the highest standards of excellence and integrity. Our team considers it a high honor to be called upon to serve our clients whom we often come to regard as our friends.

To speak to our friendly attorneys, to share your story and to see if your claim has merit, call (219)736-9700 today.

*If you would like to learn more about personal injury law, we encourage you to listen to our Personal Injury Primer Podcast where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law. And read “Fighting For Truth: A Trial Lawyer’s Insight Into What It Takes To Win” an entertaining and enlightening book pulling readers into the courtroom giving them a glimpse of the legal process and what it takes to win at trial.


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