Florida personal injury lawyers

talk to an attorney 888.988.1774

NO FEES or COSTS UNLESS YOU GET PAID

Can Medical Malpractice Cases Be Brought Against Doctors and Hospitals during the COVID-19 Pandemic?

Over the past several months, COVID-19 has infected millions of Americans, tragically resulting in more than 300,000 deaths and placing an unprecedented burden on the healthcare system. As doctors and other healthcare providers have grappled with a lack of resources and uncertainty over how to properly treat the novel virus, their actions (or failure to act) have sometimes harmed patients. However, given the extreme challenges facing the medical community, those who have been injured by a healthcare provider may be left wondering whether they can still bring medical malpractice lawsuits during the pandemic. While malpractice suits can certainly be filed, plaintiffs may face a steeper burden due to federal legislation that provides limited liability protection for healthcare workers.

Under normal circumstances, healthcare providers may be held liable for medical malpractice if their actions are found to have deviated from the accepted standard of care. Although this standard may vary, it is generally defined as what a reasonably prudent and similarly trained provider would do under similar circumstances. During the current pandemic, however, healthcare providers have argued that the appropriate standard of care is unclear when it comes to treating COVID-19 due to the many uncertainties surrounding the virus. Several states have responded by enacting legislation that offers varying degrees of liability protection, often with the result that providers may only be held liable for medical malpractice if they commit gross negligence (demonstrating a reckless disregard for a patient’s well-being) or willful misconduct (intentionally harming someone).

While Florida has not implemented liability protection for healthcare providers at this time, medical malpractice plaintiffs may encounter obstacles due to federal law. On March 17, 2020, the federal government issued a declaration under the Public Readiness and Emergency Preparedness (PREP) Act that offers broad immunity from liability for those involved in providing medical treatment for COVID-19. Similar protections are offered under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, which states that healthcare providers will not be liable for services related to the diagnosis, prevention, or treatment of COVID-19 in patients with confirmed or suspected cases.

While the federal liability protections may seem discouraging for patients who seek to recover damages for injuries sustained due to medical malpractice during the pandemic, there are exceptions to the immunity these laws provide. For example, healthcare providers may still be held liable for gross negligence, willful misconduct, and actions not related to the treatment of COVID-19. Therefore, if you or a loved one has suffered harm after receiving medical care, it is worthwhile to speak with an attorney about your case. But don’t delay—in Florida, medical malpractice claims have a short two-year statute of limitations. Call the experienced medical malpractice attorneys at Leighton Panoff Law today at 888.988.1774!

Can I still sue for medical malpractice during the COVID-19 pandemic?

Yes, it is still possible to file a medical malpractice lawsuit during the COVID-19 pandemic. However, patients may face a steeper burden due to federal legislation providing limited liability protection for healthcare providers. While claims can be pursued, the law may require showing gross negligence or willful misconduct rather than ordinary negligence, especially in cases directly related to the treatment of COVID-19. Consulting with an attorney can help determine whether your situation qualifies for an exception to these legal protections.

What standard of care applies to doctors treating COVID-19 patients?

Under normal circumstances, the standard of care is what a reasonably prudent, similarly trained healthcare provider would do in the same situation. But with COVID-19, that standard is less clear. Healthcare professionals argue that the uncertainties around the virus make it difficult to define what proper care looks like. This ambiguity has prompted several states to enact laws that limit liability, requiring proof of gross negligence or willful misconduct to hold providers accountable.

Does the PREP Act prevent all malpractice claims related to COVID-19?

Not all claims are barred by the PREP Act. While this federal law grants broad immunity to those administering medical treatment for COVID-19, there are important exceptions. Providers can still be held liable if their actions amount to gross negligence or willful misconduct. Also, if the harm resulted from actions unrelated to the diagnosis, prevention, or treatment of COVID-19, then liability may still apply. A knowledgeable attorney can help assess whether your case fits one of these exceptions.

What is gross negligence in a medical malpractice case during the pandemic?

Gross negligence is more than a simple mistake or oversight. It involves a reckless disregard for a patient’s safety and well-being. In the context of COVID-19, a plaintiff must show that the healthcare provider’s conduct went beyond mere error and rose to the level of serious misconduct. This higher threshold exists because many laws now protect providers from lawsuits unless their actions were especially egregious or intentionally harmful.

Are Florida doctors and hospitals immune from COVID-19 malpractice claims?

Unlike some states, Florida has not enacted specific legislation providing liability protection for healthcare providers during the COVID-19 pandemic. However, federal laws like the PREP Act and the CARES Act still apply in Florida, offering immunity for certain COVID-related services. That said, providers may still be held accountable if gross negligence or willful misconduct can be proven. Consulting a Florida-based attorney is the best way to understand how these protections affect your potential claim.

How much time do I have to file a COVID-related medical malpractice lawsuit in Florida?

In Florida, medical malpractice claims—whether related to COVID-19 or not—are subject to a strict two-year statute of limitations. This means you must file your lawsuit within two years from the date the harm occurred or from when it was discovered. If you believe you’ve suffered injury due to a healthcare provider’s actions during the pandemic, it’s crucial to act quickly and speak with an attorney who understands the nuances of COVID-related medical malpractice claims.

Who can help me with a COVID-related medical malpractice claim in Florida?

The experienced attorneys at Leighton Panoff Law are well-versed in the complexities of COVID-related medical malpractice and understand the evolving legal standards in Florida. Whether your injury involved suspected gross negligence or willful misconduct, their team can evaluate your case and guide you through the legal process. Don’t wait—Florida’s strict two-year time limit for filing malpractice claims makes it essential to get experienced legal help as soon as possible. Call Leighton Panoff Law today at 888.988.1774.

Article by:

John Leighton

A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite