During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a recent New York ruling in which the court declined to dismiss claims against a hospital under the EDTPA. If you were hurt by inadequate medical care, it is wise to confer with a Syracuse medical malpractice lawyer regarding your potential claims.<\/p>\n
Factual and Procedural Background<\/strong><\/p>\n It is alleged that the plaintiff, an elderly woman, was admitted to the defendant’s hospital in March 2020 with cellulitis in her right leg and other health conditions, including deep vein thrombosis and dementia. She had also suffered a recent fall and was diagnosed with a possible acetabular fracture. During her hospital stay, the medical staff conducted various assessments, including Braden Scale evaluations, to monitor the risk of skin breakdown. Despite preventive measures, including repositioning and using specialized equipment, the plaintiff was discharged in early April 2020 without any documented skin breakdowns.<\/p>\n Reportedly, however, upon her admission to another facility the following day, multiple pressure ulcers and skin issues were recorded, leading the plaintiff to claim that these injuries were caused by the hospital’s negligence. The plaintiff and her power of attorney filed a medical malpractice lawsuit, alleging that the hospital failed to properly prevent and treat the pressure ulcers. In response, the defendant hospital sought summary<\/a> judgment, claiming immunity under the Emergency or Disaster Treatment Protection Act (EDTPA) due to the COVID-19 pandemic. Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" During the COVID-19 pandemic, people admitted to healthcare facilities faced an increased risk of harm due to the likelihood of the spread of the disease. As such, the government passed laws largely granting immunity to such facilities during the pandemic. The immunity was not all-encompassing, however, as demonstrated by a recent New York ruling in […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,6],"tags":[],"class_list":["post-3658","post","type-post","status-publish","format-standard","hentry","category-hospital-negligence","category-medical-malpractice"],"yoast_head":"\n