San Antonio Coronavirus (COVID-19) Medical Malpractice Claims

Within months of the first reported cases, the coronavirus changed the global landscape. Throughout the spring, government officials have promoted social distancing and stay-at-home orders to protect the public. However, these policies are changing as summer approaches, and healthcare workers are still determining possible outcomes. Americans are balancing complex fears at the moment: most are worried about the economy, getting sick, and losing loved ones. San Antonio residents are no exception.

Lawyers expect San Antonio coronavirus (COVID-19) medical malpractice claims to rise in the coming months. What could these cases look like for you?

As of early May, there are 32,332 active COVID-19 cases in Texas, and about 6% of coronavirus-related deaths in the state have occurred in Bexar county. While leaders, business owners, and medical professionals are doing their best in an unprecedented situation, Texans and San Antonio medical malpractice lawyers are still concerned.

Data indicates that the elderly and those with pre-existing conditions are most at risk. However, ER doctor Shawn Evans cautions, “Just because [people] are young doesn’t mean they aren’t vulnerable. Nobody knows what immune protection they have at any given moment.” This uncertainty has created what many describe as an “all-hands-on-deck” situation in hospitals—one that a shortage of personal protective equipment (PPE) has worsened.

Several states have extended malpractice protections for hospital staff because of this lack of PPE. Essentially, through no fault of their own, doctors, nurses, and cleaning staff do not have access to the best tools. As a result, attorneys know that filing a San Antonio coronavirus lawsuit against healthcare workers would be a challenge.

If you have questions about San Antonio coronavirus (COVID-19) medical malpractice claims in a hospital setting, reach out to Carabin Shaw lawyers for a free consultation.

Starting in Washington state, nursing homes have become hot spots for the coronavirus. Time Magazine reports that, across the United States, there have been 20,000 COVID-19 deaths in these facilities. Consequently, nursing homes are lobbying for emergency protection against malpractice lawsuits. That said, you may still have recourse for legal action with San Antonio medical malpractice lawyers if the nursing facility failed to follow standard infection protocols to the best of its ability.

These infection procedures include:

• Increasing equipment requirements: When there is an increased risk of infection, nursing homes should provide workers with face masks.
• Isolating potentially infected residents: If the nursing home failed to recognize COVID-19 symptoms in a resident and allowed that person to move about the facility freely, you might have a case.
• Thorough cleaning procedures: While nursing homes always have a duty to provide residents with a clean place to live, a pandemic heightens this responsibility. If a nursing home failed to expand its cleaning and sanitation, call an attorney.

Keeping a clear line of communication with relatives and friends who might live in nursing homes is particularly crucial for Texans. The Texas Tribune reports that the state is refusing to release the names of nursing homes the coronavirus has affected. A strict medical privacy law stands in the way of family members begging for more information about their loved one’s status. This stalemate makes it hard for them to make critical decisions about long-term care options.

If the conditions in a nursing facility were poor or you were prohibited from accessing outbreak information, the legal experts at Carabin Shaw can help you uncover your options.

Though we are living in an uncertain time, our team believes that you deserve the best possible care. We promise to listen to the details of your case and fight aggressively on your behalf. Unlike other firms, Carabin Shaw combines big firm ability with the compassion of smaller practices. Let us leverage our expertise to help you.

For a free consultation, call our toll-free number at 1-800-860-1260 or our San Antonio office at (210) 222-2288.