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Corona and medical malpractice: Check if you have a basis for a lawsuit

In dealing with the corona crisis, the government has made many decisions concerning the conduct of the medical system and the entire public.

Are there also decisions that form the basis of a medical malpractice lawsuit?

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• Medical Malpractice

Adv. Sami Abu Varda in collaboration with Zap Mishpati, in collaboration with Zap Mishpati

Thursday, 14 May 2020, 12:45

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It is possible that some of the hastily made decisions during the corona crisis could already today form the basis for medical malpractice lawsuits against hospitals (Photo: ShutterStock)

These days, as the public is freeing itself from the constraints imposed on us by the crisis and slowly returning to routine, many question marks arise regarding the government's handling of the corona crisis.

One of the most difficult challenges facing decision-makers in Israel and around the world in dealing with the crisis was the need for rapid decision-making, in conditions of uncertainty.

Many decisions have been made in the reality of a very limited understanding of the virus, its mode of action and its implications for the public.

Was the government's policy justified, or were the decisions made excessive and disproportionate?

time will tell.

However, it is possible that some of those hastily made decisions could already today form the basis for medical malpractice lawsuits against hospitals, the Ministry of Health and the government.

Exceeding the reasonable degree of caution

Medical malpractice is defined as deviating from the reasonable degree of care required in medical treatment, which results in harm to the patient.

In this test, if any reasonable physician would have behaved differently in the circumstances of the case, and if there is a causal connection between the misconduct of the treating agent in the particular case and the harm caused to the patient - then it is medical malpractice.

The corona crisis has summoned to the government many situations in which sweeping decisions have been made.

Did the same decision-makers maintain the reasonable degree of caution expected of them?

The psychological consequences of isolation

In the corona wards of the hospitals, it was decided to completely isolate the patients - in order to protect both the treating staff and the public. Under this important degree of caution, the full consequences of isolation do not seem to have been taken into account. These consequences, in addition to the economic damage they have caused, may also manifest themselves in severe psychological damage.

The patients in the corona wards were held for long weeks, locked in rooms, regardless of the outside world, with the only ones they came in contact with - the medical staff - protected from head to toe and treated as lepers. We all remember the case of the corona patient who fell from the fourth floor window of Peda Poria Hospital. The circumstances of his fall are still under police investigation; Did the hospitalization aggravate his mental state to the point of attempting suicide? Has the need for psychiatric control and supervision of the hospitalized in this extreme situation been taken into account?

Similar questions raise the decision on the almost complete closure of citizens for a period that lasted was not known in advance;

It was to be expected that the psychological consequences of this type of isolation and their contribution to the rising violence within the family would be taken into account.

Have necessary preventive measures been taken, at least in families known to the authorities?

The other diseases were pushed aside

Even at an early stage of the crisis, for fear that the hospitals would not cope with the load, it was decided to postpone all elective treatments altogether.

Any procedure that was not defined as urgent was postponed to a later date, including important procedures in diagnosing patients, such as CT scans or MRIs.

What is the extent of patients not diagnosed in time due to postponement of important tests?

What will be the implications of the late diagnosis for their health condition and life expectancy?

The answers to these questions can only be guessed.

This is compounded by the general avoidance of arriving at hospitals during the crisis.

Hospitals have reported a significant drop in emergency room visits, and studies have warned of the danger of peripheral mortality - one that does not stem from the virus itself, but is indirectly linked to it.

It is estimated that the panic created by the public caused many patients to avoid going to the emergency room even in critical situations, which in many cases led to a worsening of their condition and even death.

Take responsibility for the damage caused

If a second wave does not return to normal, it seems that we are on our way out of the crisis.

It is now worth examining all the decisions that have been made and understanding that alongside the great sympathy for the treating bodies, serious systemic errors may have been made that require a response.

In order to understand if you have a basis for a medical malpractice lawsuit and receive the compensation you deserve, it is recommended that you contact a lawyer who specializes in the field.

Lawyer Sami Abu Warda specializes in personal injury and property, work accidents, claims for social security and medical malpractice.

Telephone: 077-9971228

Article courtesy of Zap legal

information presented in the article does not constitute legal advice or a substitute for it and does not constitute a recommendation for proceedings or avoiding proceedings. Each relies For the information appearing in the article does so at his own risk

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