Lawsuits against doctors have been on the rise for many years. In the wake of the coronavirus pandemic, lawsuits are only going to become more common. Now, particularly since the nation is recovering from the pandemic, it appears that lawsuits stemming from COVID-19 are on the rise.
Recently, a lawsuit was filed by a patient who arrived at the hospital while pregnant. This patient had respiratory problems, meaning that she had a hard time breathing, caused by the virus. Ultimately, doctors decided it was appropriate to perform an emergency delivery of her baby, which was close to being full term.
Even though her child survived, the woman lost oxygen during the medical situation. As a result, she suffered brain damage. Now, she is suing a number of professionals at the hospital, including her OBGYN, a pulmonologist, and the ICU unit for medical malpractice.
In the lawsuit, the woman claims that there was a failure to adequately recognized her condition, which led to a delay in receiving appropriate treatment. As expected, the physicians disagree. They say that they treated her appropriately. They even go so far as to say that the physicians were heroes in this situation, saving the life of a woman and her unborn child.
Without a doubt, the vast majority of doctors are intelligent, compassionate professionals who would do just about anything for their patients. Unfortunately, not all cases will have a positive outcome, and just because the ideal outcome is not the reality doesn’t necessarily mean that the case was medical malpractice. So, was this case medical malpractice?
To prove medical malpractice, the lawsuit will have to show that the woman suffered damage that was the direct cause of her doctors deviating from the readily accepted standard of care. As lawsuits stemming from the coronavirus pandemic continue to go up, it will be interesting to see which specialties are at risk. It could vary from place to place, depending on the country’s statute of limitations, laws, and standards. It will be important for everyone to keep an eye on this case to see how it plays out, as it could set a precedent for the rest of the country.
