Medical Malpractice for Failure to Treat or Diagnose COVID-19
The COVID-19 pandemic has altered many aspects of everyday life and has caused an unprecedented number of people to seek medical care. Regardless of the number of people whom a health care provider treats, however, he or she has a duty to provide thorough and competent care. Thus, if a doctor fails to diagnose or treat COVID-19, he or she can be held accountable for any resulting harm. If you or someone in your family sustained harm due to inadequate medical care during the COVID-19 pandemic, you can speak with an attorney to discuss whether you may be able to pursue a claim based on medical malpractice for failure to treat or diagnose COVID-19. The New Mexico medical malpractice lawyers at the Branch Law Firm are proficient in handling complex cases, and we can help you seek the best result available under the facts of your case.Medical Malpractice for Failure to Treat or Diagnose COVID-19
Doctors owe their patients a duty to provide treatment that complies with the standard of care. This means that a doctor must provide a patient with the care that a competent doctor working in the same community and practicing in the same specialty would provide in the same circumstances.
In New Mexico, if a patient suffers harm due to a doctor’s breach of the standard of care, it may constitute medical malpractice, and the patient may be owed damages. Thus, if a patient visited a doctor’s office or a hospital with symptoms of COVID-19, but the treating doctor failed to fully assess the plaintiff’s symptoms or conduct a thorough examination and subsequently failed to diagnose the patient with COVID-19, the doctor may be held liable for medical malpractice. Similarly, if after diagnosing a patient with COVID-19, a doctor fails to provide the patient with the treatment needed to help the patient try to restore his or her health, this may constitute medical malpractice as well.
Medical malpractice cases are complex, and the issues presented are often beyond the understanding of people who are not medical professionals. Therefore, in most cases, an injured patient and their attorney will need to engage one or more experts to explain the standard of care and how the defendant doctor breached the standard of care, and to demonstrate causation between the breach and the patient’s harm. In medical malpractice cases involving a failure to diagnose or treat COVID-19, it is critical for a patient to set forth compelling expert testimony in his or her favor, since the defendant doctor may argue that given the novelty of COVID-19, they did not violate the standard of care.Damages Recoverable for Failing to Diagnose or Treat Coronavirus
A patient who establishes medical malpractice for failure to treat or diagnose COVID-19 may be awarded damages for the cost of the medical treatment that he or she needed to undergo due to the harm caused by the doctor’s negligence, as well as the cost of any treatment that the patient will need in the future. If the patient could not work due to the harm that he or she suffered, he or she may be able to recover compensation for lost earnings as well. Additionally, the patient may be awarded damages for the suffering and pain that he or she endured. If the patient was married at the time that the harm occurred, the patient’s spouse might also be able to pursue claims against the doctor.Retain a Knowledgeable Medical Malpractice Lawyer
If you contracted COVID-19 but did not receive a timely diagnosis or proper care from your treating physician, you should meet with an attorney to discuss whether you may have a valid claim for damages. At the Branch Law Firm, we can assist you in seeking to hold a doctor liable, and we will work tirelessly to help you seek the full amount of damages that you may be entitled to recover under the law. Our offices are in Santa Fe and Albuquerque, and we represent people in medical malpractice lawsuits throughout New Mexico, including people in Albuquerque, Las Cruces, Roswell, Clovis, Hobbs, Los Alamos, Rio Rancho, Alamogordo, Las Vegas, Santa Fe, Carlsbad, Taos, Farmington, and Los Lunas. We can be contacted by calling 800-828-4529 or using our online form to set up a confidential consultation.