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Medical Malpractice and Covid-19

With Covid 19 stretching our hospitals to capacity, and requiring doctors, nurses and other hospital staff work outside their areas of expertise, medical mistakes and errors are bound to occur.   In some instances, doctors have been declared immune for negligence that occurs during this unprecedented time.  However, as the pandemic lingers, medical malpractice cases arising from indirectly from the coronavirus may occur.  For example, unnecessary or pronged delays in treatment of cancer patients may lead to the worsening of a patient’s condition and potential outcome.  Telemedicine and phone consultations rather than in-person exams may result in a  missed or erroneous diagnosis.  Missed follow-up/routine appointments may lead to an increased incidence of illnesses.  While in some circumstances these outcomes may not rise to the level of medical malpractice, it’s important to consult with an experienced Los Angeles medical malpractice attorney if you believe you or a loved one have suffered a catastrophic injury.

The elements of a medical malpractice claim include the following: 1) Did a doctor/patient (or health care provider/patient relationship exists?  If so, the health care provider owes a heightened duty of care.   2) Did the health care provider breath that duty of care?  The duty of care is established by showing what is the standard expected of a particular practice area.  During the pandemic, what is expected/typical may have shifted given the particular circumstances of each case.  3). Did the breach cause the patient’s harm?   Finally, you must establish that the mistake/error that the physician committed impacted your health in a serious and negative manner.

For more information or if you believe that you may have been harmed due to medical negligence, please contact the dedicated Los Angeles medical malpractice attorneys at Bostwick & Peterson, LLP for a confidential consultation.



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