Nick Jurkowitz was recently quoted in Brandi Buchman’s Courthouse News Service article “Like Virus Itself, Future of Malpractice Liability Is Uncharted.” The article discusses malpractice lawsuits and how COVID-19 affects the potential for filings. Jurkowitz commented on the possibility of federal legislation that addresses liability for doctors during the pandemic.
“We are treating a situation medically that we may not necessarily know 100% of the right way to treat people. We could have much stronger negative consequences to the health of everyone if hospitals and health care providers are too scared to try experimental treatments, make changes or make hard ethical decisions…If they’re so concerned they will be sued they might do what they need to and that could harm patient care.”
Jurkowitz also spoke about the overall effect the pandemic has on healthcare lawsuits.
“Courts are closed and strained right now…People also might be a little sensitive to filing a lawsuit against a doctor in the middle of a pandemic. I certainly wouldn’t want to serve a health care provider right now, and I don’t think most lawyers would want to serve a doctor who is spending every night in the ER fighting a pandemic.”
