Healthcare Facility Liability During COVID-19
During this COVID-19 pandemic, hospitals, nursing homes, and other healthcare providers have been overwhelmed with patients. Most of these healthcare providers have been performing an excellent job, and deserve praise for their brave efforts. However, not all of these healthcare providers are providing appropriate medical care. Medical negligence can result in substantial physical injuries, medical bills, and lost income. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.
Mistakes in a healthcare facility cause patients and their family members to wonder whether there is a valid case for medical negligence against the facility. Recent legislation relating to COVID-19 presents challenges for these lawsuits. Below are two recently passed laws that impact cases against healthcare facilities.1. The CARES Act
In March 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was signed into law. The CARES Act limits fault of any volunteer working in healthcare facilities during the COVID-19 pandemic. In other words, these volunteers are not at-fault for any negligent medical care provided to patients.
However, the CARES Act does provide exceptions that allows patients to get relief in certain circumstances. These volunteers are at-fault if they engage in grossly negligent, reckless, intentional, or criminal misconduct in their care of patients. These volunteers will also be at-fault if they were under the influence of drugs or alcohol when providing medical care or treatment.2. The PREP Act
The Public Readiness and Emergency Preparedness (PREP) Act provides more fault protections to all healthcare providers. The PREP Act provides immunity from fault for any healthcare provider that provides “pandemic countermeasures.” However, the PREP Act does provide exceptions that allows patients to get relief in certain circumstances. Covered healthcare providers will be at-fault for willful or reckless misconduct.
The above legislation are hurdles for your medical negligence case. This is why its crucial that you hire an experienced personal injury attorney, who will conduct a thorough investigation to maximize your compensation for your or your loved one’s injuries.
Medical negligence substantially alters patients’ lives. Many of these patients are unable to work for extended periods of time. Additionally, depending on the severity of the patients’ injuries, future medical treatment may be extensive and expenses. However, victims of medical negligence are entitled to compensation for their injuries. If you received negligent medical care and treatment, you are entitled to compensation for medical bills, lost income; future medical treatment; loss of earning potential; disfigurement; and pain and suffering.Contact Us Today
Contact a Los Angeles personal injury attorney today if you or a loved one received inappropriate medical care and treatment. Slatter Law Firm has been helping individuals injured due to negligent medical treatment throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 444-3010 or contact us online.