When a doctor, nurse or healthcare professional provides care that falls below the standard acceptable in their field, and such care causes injury, you may be able to file a medical malpractice claim and obtain compensation.
However, in the state of Virginia, COVID has changed the rules a bit.
COVID and the law in Virginia
In Virginia, a person is prohibited from suing a hospital, doctor or any healthcare provider for medical malpractice if the injury, illness or death relates to COVID. While this may seem straightforward, it has ruffled the waters for those with valid claims against negligent healthcare workers. Hospitals, nurses and doctors are simply taking advantage of this available shield of liability.
For example, let’s say a patient suffers a heart attack or stroke and it was due to a physician’s failure to misdiagnose a condition. The patient may have a claim for medical negligence. However, if the defendant claims that the heart attack or stroke was “COVID related,” the injured party is barred from pursuing any type of medical malpractice claim.
Sadly, many other healthcare professionals have asserted this defense to avoid liability for other conditions completely unrelated to COVID.
But attorneys for those truly injured are fighting back. Patients who believe a doctor or other healthcare professional’s negligence was the cause of their injury should not hesitate to reach out to a qualified attorney with knowledge in this field and the specifics of this Virginia law.