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Tag Archives: malpractice lawsuit

Should doctors and nurses be protected from COVID-19 medical malpractice lawsuits?

New York – The State of New York instituted a law that attempts to provide immunity to healthcare workers who provide negligent medical care. The ruling was set in place as an emergency effort in order to bring in additional doctors, physician assistants and nurses during the initial response to the coronavirus pandemic. However, critics explain that this initial concept has continued and is a dangerous precedent to set. They note that only ‘gross negligence’ could be claimed in a medical malpractice lawsuit case. This gives healthcare workers free reign to mostly act as they please despite the potential damage and injury that they may cause. It should be noted that everyone appreciates the efforts being undertaken by the healthcare workers during these trying times. However, that should not mean that patient’s rights should be trampled on or that high quality medical care shouldn’t be provided consistently. Accountability within hospitals and doctor’s offices is an essential component of maintaining proper care and preventing medical errors or mistakes. Patient safety advocates claim that the intent of the law is not as important as the protection of patient rights and provision of medical care that is up to the accepted standard of care. Poor or substandard quality of care must be prevented, monitored and dealt with expediently in order to maintain proper healthcare, according to those challenging the law. In fact, a top New York medical malpractice lawyer notes that the validity of the law is actually in question and may need to be challenged. You can read more about this medical malpractice law here.

Photo for illustrative purposes only. Photo Credit: Sara Star NS [License]