Handling Medical Claims During and After COVID-19

COVID-19 has caused a global disruption in nearly all facets of life. The impact of the pandemic has been felt extensively by both healthcare providers and patients alike. In order to keep both clinicians and patients safe, significant changes to the delivery of healthcare have taken place which, despite the best intentions and the exercise of good reasonable judgment, have led to some unfortunate events and complications. As a result, the threat of medical malpractice claims and complaints to professional licensing boards has become more prominent than ever for hardworking healthcare providers.

Fortunately, the tremendous efforts by healthcare systems, hospitals, and individual healthcare providers have been recognized by Commonwealth’s Senate and House and the Session Laws Act of 2020 Chapter 64 which was approved on April 17, 2020.

This Act provides healthcare providers with immunity and protection from civil liability where the provision of care and treatment was “impacted by” health care decisions made or activities performed in response to “treatment conditions resulting from the COVID-19 outbreak or COVID-19 emergency rules.” This legislation was intentionally drafted broadly to protect healthcare providers.

But this does not prevent individuals from filing claims against strained healthcare systems or providers. Our experienced medical malpractice defense lawyers at McCarthy Bouley Barry + Morgan are in a position to assist our clients in the enforcement of this immunity in cases arising during, and as a result of, the COVID-19 pandemic. This includes advocating for immunity not just in cases where a patient was being treated for COVID-19, but in all instances of medical care that may have been impacted by COVID-19.