In the aftermath of the COVID-19 pandemic, many hospitals and healthcare providers sought legal immunity under emergency protection laws enacted during the public health crisis. However, courts continue to scrutinize whether the alleged negligent conduct actually resulted from or was impacted by pandemic-related conditions. A recent New York decision illustrates how this analysis plays out in medical malpractice litigation. If you or a loved one sustained injuries due to a hospital’s failure to provide adequate care, a knowledgeable Rochester medical malpractice attorney can help you understand your rights.
History of the Case
It is alleged that the plaintiff, who had a documented history of multiple sclerosis, sought care at the defendant’s hospital after experiencing generalized weakness and an inability to walk. The plaintiff had tested positive for COVID-19 three weeks prior to her hospital visit and was re-tested upon admission, again receiving a positive result. The plaintiff was admitted to the facility and began receiving treatment for COVID-19.
It is reported that several days into her hospital stay, the plaintiff fell while walking to the bathroom. The plaintiff alleged that the hospital failed to provide continuous monitoring, respond to her request for assistance in going to the bathroom, or supply assistive devices such as a walker or wheelchair. The plaintiff initiated a negligence and medical malpractice action against the hospital, claiming that the institution failed to account for her limited mobility in light of her multiple sclerosis and COVID-related symptoms. Continue Reading ›