The COVID-19 pandemic has altered many aspects of people’s lives, from mundane tasks like grocery shopping to serious matters like obtaining necessary medical care. Although health care facilities are dealing with unprecedented circumstances during the pandemic, they nonetheless must comply with certain standards for the safety of their patients. Thus, if a health care facility deviates from the applicable standards, and a patient suffers harm as a result, the facility should be held accountable.
Boca Raton health care negligence lawyer Gregg M. Hollander is dedicated to helping people harmed by the carelessness of others pursue damages for their injuries, and he can help you establish health care facility liability during COVID-19. The Hollander Law Firm Accident Injury Lawyers represents people throughout South Florida from offices in Boca Raton, West Palm Beach, and Fort Lauderdale.
Table of Contents
Health Care Facility Liability During COVID-19
Health care facilities have certain obligations to the people whom they serve. The COVID-19 pandemic has stretched the resources of many health care facilities, but they must still comply with their duties, and anyone harmed by a health care facility’s negligent acts may have a viable claim for damages.
Generally, claims seeking to impose liability against a health care facility for harm suffered during the COVID-19 pandemic will allege that the facility was negligent. In Florida, to show negligence, a plaintiff must prove that the defendant had a duty to act with reasonable care under the circumstances, but the defendant’s acts or failure to act constituted a breach of the duty.
The plaintiff must also show that the defendant’s breach proximately caused his or her harm. This means that the plaintiff’s attorney must demonstrate that the defendant’s breach substantially contributed to the plaintiff’s harm and that he or she would not have suffered harm absent the breach.
There are numerous acts that may constitute a breach of a health care facility’s duties during the pandemic. For example, if a health care facility lacks a plan to contend with pandemics or other emergencies and is unable to provide a patient with necessary medication or life-sustaining equipment, this may constitute negligence.
Similarly, if a health care facility fails to take appropriate measures to limit the risk of the spread of COVID-19, such as separating healthy and sick patients, sanitizing public areas regularly, and providing appropriate protective equipment for workers, it may be held accountable for any resulting harm.
It is important to note, however, that under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Public Readiness and Emergency Preparedness Act, health care facilities may be immune from liability for certain types of injuries, such as harm caused by a volunteer health care worker or harm caused by the administration of certain pandemic countermeasures.
Damages Recoverable from Health Care Facilities
Plaintiffs who prove a health care facility’s liability may be able to recover compensation for the financial losses caused by their harm. For example, they may be awarded the cost of any medical treatment that they needed for an injury or illness, including hospitalizations and surgeries, as well as any treatment that they may need in the future. People who could not work due to their harm may be able to recover compensation for lost wages as well. Additionally, people who can establish health care facility liability during COVID-19 may be awarded damages for any pain and suffering or emotional distress caused by their harm.
Speak with a Trusted Personal Injury Lawyer in Boca Raton
While some expectations regarding health care have changed due to the COVID-19 pandemic, health care facilities may still be liable for negligently causing harm to patients. Attorney Gregg M. Hollander is skilled at helping victims pursue damages for their harm, and he will work tirelessly to assert your rights.
Mr. Hollander has an office in Boca Raton, as well as satellite offices in West Palm Beach and Fort Lauderdale, from which he represents people in Palm Beach and Broward Counties and elsewhere in South Florida. You can contact the Hollander Law Firm through the form online or at 561-347-7770 to schedule a conference.