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Health Care Facility Liability During COVID-19

Right now, many health care facilities, including hospitals, clinics, and doctor’s offices, are dealing with the COVID-19 pandemic. It is causing a serious risk for patients who live in Hollywood, Homestead, Miami, and other South Florida communities.

If you visit a health care facility you may be exposed to COVID-19. In addition, with the lack of enough personal protective equipment (PPE), transmission is more possible. While many doctors and health care professionals are doing the best they can, in many cases mistakes and malpractice can occur in healthcare facilities right now. The large volume of patients, plus the use of medical students instead of fully trained doctors can increase a risk of wrong dosages, birth injury, misdiagnosis, bed sores, and other preventable events.

What Rights Do I Have Against Medial Malpractice During the COVID-19 Pandemic?

It is important to know your rights and to understand the difference between an honest mistake and possible instances which may mean a medical malpractice claim. If your Hollywood, Miami, or other community clinic, hospital, or other healthcare facility has made an honest mistake, you may not have a claim.

You have a claim in Hollywood and South Florida if:

  • An incident occurred in a medical setting which caused you injury
  • The incident was preventable and a doctor or medical professional in the same situation would have made a different decision

For example, if you are misdiagnosed because a doctor overlooked something that another doctor with the same training would not have missed, you may have a claim if the misdiagnosis made your condition worse.

With COVID-19, however, there are a few extra considerations. Since the situation is unprecedented, medical facilities and other organizations will be taking steps to limit their legal exposure. In addition, some of the medical professionals who are taking patients or caring for patients may be working outside their area of speciality, especially if a hospital is overcrowded or extra busy. In some cases, for instance, medical students may be asked to take on patient care they would not be normally qualified to take on. This can complicate medical malpractice claims, especially as the situation changes.

What Should I Do if I Think I Have a COVID-19 Related Medical Malpractice Claim?

If you think you may have a medical malpractice claim in Hollywood or your community, start by ensuring you are getting the care you need. Work with medical staff to ensure you do not suffer complications or that your complications are minor. This may mean seeking help elsewhere or getting a second opinion.

Also work on getting documentation as quickly and fully as possible. Keep any information you can related to your medical care, including reports, receipts, and anything else you can secure. Take photos of injuries you sustain and write down any details you can remember, including the dates, times, locations, and other details of when an incident took place. Jot down the names of doctors, any possible witnesses, and anything else you remember.

To secure compensation for a medical malpractice claim in Florida in this climate, you will need an experienced attorney. The law team at Flaxman Law Group has more than 60 years of combined experience. Contact us at 1-866-352-9626 (1-866-FLAXMAN) for a free consultation.

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