Many businesses are doing their best to work through the unprecedented times we find ourselves in; and none more so than the healthcare industry. As doctors and nurses struggle to stay on top of the increased patient workload, there is a higher potential that they may face medical malpractice lawsuits. Coupled with the shortage of medical professionals that Covid-19 hotspots, like NY state, are experiencing and it only serves to exacerbate this issue.
Due to these circumstances, many doctors and nurses are operating under a cloud of anxiety. To alleviate this tension the Governor of our state has issued a crisis protocol to protect those working on the front lines from certain legal retribution. This protocol will drastically alter the process of filing medical malpractice claims in the near future. As your medical malpractice lawyers in Buffalo NY, we wanted to keep you informed on all the important details.
Medical Malpractice Immunity
Shortly after our state became a hotspot for coronavirus cases, Governor Cuomo issued an executive order in defense of healthcare workers. This order grants broad immunity in cases of civil liability to any doctors or nurses working in various healthcare facilities, including nursing homes. The term broad immunity protects medical professionals from lawsuits, i.e. medical malpractice claims, under normal circumstances. Simply put, any doctor, nurse or nursing home attendant acting in good faith to avoid negligent care will be immune from civil action lawsuits. The exception to this order is in cases where gross negligence occurred and it is clear that the healthcare provider deliberately acted against the patient’s best interests
Requirements For A Medical Malpractice Lawsuit In Buffalo
In the past we have explained the requirements for filing a medical malpractice lawsuit. In a successful claim, it must be proven that a substandard level of care directly resulted in an injury, further complications, or death. That fact remains true, however the “standard” level of care has changed in response to the crisis that medical professionals are dealing with. As our current situation continues to evolve this standard will continue to change. This means that filing a medical malpractice lawsuit will be more complicated than usual.
Don’t Wait To Seek A Legal Opinion
Clearly it is more important than ever to have a team of medical malpractice lawyers in Buffalo NY by your side. Needless to say medical malpractice litigation is going to be a little messy as malpractice attorneys weight the facts to see if gross negligence occurred. Even if you are uncertain if you or a loved one will qualify for a malpractice claim, you can still seek a legal opinion. Experience is key in these cases so make sure you pick the right team of medical negligence lawyers.
If you feel that you or a loved one has been the victim of gross negligence during a recent hospital stay don’t hesitate to take action. Get in touch with your medical malpractice lawyers in Buffalo NY to discuss the details of your case. For more information fill out our online contact form or give us a call today.