Currently, I see medical malpractice actions arising from care provided during surges in Covid illnesses and the crush on medical care providers.
The plaintiffs claim things like: the nurses were too busy to take care of my person/ the nurses took too long to respond/ the nurses were rude and unprofessional/ the standard of care was not met/ the facility neglected my patient/ my person was put into a new-construction area that was insufficient/ etc.
When I take the deposition of the plaintiffs, I ask them if they recall the surge in Covid illnesses and the impact on hospitals. I ask them if they heard about overworked healthcare providers. I ask them if they heard about nursing shortages. I ask them if they remember any news relating to violence directed at health care workers. I ask them if they remember if hospitals ran out of rooms for the numbers of patients. I ask them if they recall hearing about waivers that allowed hospitals to set up make-shift patient areas in hallways, conference rooms, parking structures. I ask if they remember patients waiting in ambulances because there was no room in the emergency department. I ask them if they know why their patient stayed in the emergency room instead of moving to the icu. I ask if they remember seeing signs that said violence against workers was unacceptable.
Does everyone here understand what happened to the standard of care in America during Covid times because of the pandemic?
The failure to have a pandemic office with a real plan to respond to Covid created a catastrophe in American medicine. That catastrophe was made worse by Trump’s & MAGAs refusal to cooperate with masking and other preventative measures. It was made worse by MAGAs love affair with guns. The impact was felt by the nurses, as well as the patients who needed care at that time. Families who lost people during that time feel the impact too.
Yes, I think the government can and should restrict free speech in response to a pandemic. Even jokes. (The MAGA jokes aren’t even clever or funny anyway. lol) The consequences from misinformation and refusal to promote public health hurts a lot of people.
I find the plaintiffs in these cases to be very interesting. So far, they mostly claim that they “didn’t notice†Covid impacts. They didn’t notice! lol I notice they lie about other things, too, because I see documents that their attorneys produce in discovery that contain contradictory information.
From your perspective, does the fact that plaintiff families didn’t notice covid impacts or lie about what they knew excuse substandard care of patients by medical providers/facilities? Or is that just an effective defense cudgel to hit them with? Are you defending individual providers, or their corporate employers?
Put another way: in your opinion, is there any resort beyond the ballot box for people who lost family during Covid due to substandard care?
FWIW, I see both sides of this issue. My father died April 2020, from what was officially attributed to Alzheimer’s, but looked a lot like Covid. When asked, the private-equity backed care facility in which he resided when he died would only repeat “we had no confirmed cases of Covid at that time”. Blanket refusals/referrals to corporate counsel to answer whether they had tests; administered tests; were sufficiently staffed at even pre-covid required levels; required staff to perform basic care that was required pre-covid; etc.
And on the other hand, the best man at my wedding was a pulmonary/critical care doc through covid, and his wife was an ER attending, both working in Boston where shit hit the fan very early in the pandemic.
I have a lot of sympathy and respect for the medical personnel who were on the front lines of covid. I don’t feel like that excuses substandard care in all cases, especially at the corporate level.