Current medical crises have necessitated the quick and effective implementation of medical legislation globally. However, there are indications that some of these rules may have been delivered on unfounded information; a Guardian report has raised questions in the science behind hydroxychloroquine, for instance. Furthermore, with hospitals strained and healthcare as a whole struggling, there may be a general greater risk of medical malpractice.
What do the experts say?
Currently, given the adverse circumstances, leeway is being given to state and federal authorities. Increasingly, medical malpractice attorneys are looking at areas of common malpractice, such as misdiagnosis and hospital errors, and finding a greater degree of allowance when it comes to coronavirus-related cases. In order to pick apart the true coronavirus cases from where there has been malpractice, doctors are increasingly receiving protection, according to Reuters. This should help to establish where the real issues are, and what level of acceptable strain is caused by coronavirus.
Real life examples
In support of the fact that coronavirus-related malpractice is not yet a true threat are statistics reported by CNBC. According to these figures, there has not yet been a large uptick in medical malpractice cases stemming from coronavirus. However, this number is increasing, with many cases now leveled at businesses who have been accused of health and safety violations causing coronavirus symptoms. Whether this number ticks up as lockdowns ease will be another matter.
The USA is a naturally litigious country; people are more inclined to litigate issues as opposed to have them sorted through regulatory measures. As a result, it may be that coronavirus-related malpractice claims are sorted through the courts rather than any alternative in the future. According to one analysis by politics analysts writing for The Conversation, they estimate that litigation will cover most of the distance left by the government on regulation. With democrat and republican lawmakers at an impasse over any new laws, it’s more than likely that an uptick in cases will be seen after the pandemic is over and people aim to recoup losses from businesses and medical care facilities.
It follows, then, that litigation will have a big part to play in the post-coronavirus world. To what extent remains to be seen, but there is strong evidence that attorneys will have a role to play in bridging the gap between regulation and litigation.