Post-Pandemic Medical Malpractice Cases

Have Rates of Medical Malpractice Filings Increased Post-Covid?

You may have heard that many hospitals and medical facilities are struggling with a post-pandemic increase in medical malpractice cases. However, this doesn’t necessarily mean that medical malpractice rates have truly increased year over year. Currently, many cases that were held up because of court closures during the pandemic are being resolved alongside new cases, creating what is expected to be a few years with higher-than-average malpractice claims.

In fact, the American College of Cardiology surmises that the 20% drop in filed medical malpractice claims seen in 2020 is likely due to several pandemic-related issues, from court closures to people’s general reluctance to meet up with others. This includes patients or their loved ones being able to consult with attorneys about their claims.

Consequently, hospitals and health systems are seeing larger than the average cost associated with medical malpractice cases. This is expected to extend into 2023.

COVID-Related Medical Malpractice Cases

As we move into 2023, it is expected that we will get a clearer sense of the rate of COVID- and pandemic-related medical malpractice. This is because most medical malpractice cases aren’t immediately filed, as many instances of medical malpractice don’t come directly to light. It can be months or even years before the true fallout of a medical error is known. Furthermore, the statute of limitations on medical malpractice cases is generally two years.

Therefore, in 2022 and 2023, experts expect to see the greatest increase in COVID- or pandemic-related malpractice cases.

The Strain of the Pandemic on Health Systems

The pandemic put a significant strain on physicians, nurses, hospitals, and the healthcare industry in general. As such, the risk of medical malpractice increased during this time. Medical providers and medical facilities were frequently understaffed and overburdened. As such, many states amended liability laws to protect healthcare workers from individual negligence claims. These laws frequently granted healthcare workers immunity from medical malpractice claims.

As Pennsylvania Governor Tim Wolf noted in his Executive Order to Enhance Protections for Health Care Professionals, “the order was written in response to stakeholders requesting civil immunity for health care practitioners practicing with good judgment under very challenging circumstances during the COVID-19 pandemic.”

Though many states enacted these orders and laws, this does not mean we will not see medical malpractice cases stemming from incidents that occurred during the pandemic or which are related to COVID-19 treatment and care. Instead, it is expected that we will continue to see cases, and many will likely challenge these pandemic-era protections in court.

What to Do If You Suffered Due to Medical Malpractice

As previously mentioned, the risk of medical malpractice and negligence increased during the pandemic. Unfortunately, this also means that patients suffered as a result. If you or someone you love was injured or harmed due to medical negligence during the COVID-19 pandemic, it is worth speaking with one of our attorneys to determine if you have grounds to file a medical malpractice case.

Our law firm is experienced in handling all types of medical malpractice, and most notably cases involving:

  • Anesthesia errors
  • Birth injuries
  • Cerebral palsy/Erb’s palsy
  • Emergency room errors
  • Failure to diagnose cancer
  • Nursing home abuse
  • Postoperative infections
  • Shoulder dystocia
  • Surgical mistakes

The attorneys at Golomb Legal. can help you investigate your case, determine liability, and guide you in filing a medical malpractice claim should you decide this is the best option for you and your family. We understand how difficult these cases can be and how stressful the process is for families. Our team is here to guide you and help you make important legal decisions that you feel confident in.

To schedule a consultation with us, contact us online.