Most medical malpractice claims arising from COVID-19 look similar to other cases. They result from a failure to treat or diagnose the disease. Wrongful death cases are common. There will be non-medical malpractice cases due to vaccine mandates. Although there have been very rare instances of vaccine side effects, malpractice claims have not increased as a result. Others might want to sue the federal government after coming down with COVID even though they were vaccinated. But these will be few and far in between too.
Of course, some individuals will twist already existing laws to send the message they wish to send. Robert F. Kennedy Jr. said in a church: “It is criminal medical malpractice to give a child one of these vaccines.”
This assertion is not steeped in science of course, nor of the law, both of which seem to point to the fact that it might indeed be criminal medical malpractice not to give a child a vaccine that could save the lives of many others.
Many malpractice cases have been started after patients contract coronavirus while receiving treatment for something else in a hospital. Others have been unable to do that because of existing laws that protect hospitals from related litigation. For example, a woman named Amanda Wilson brought her 15-year-old son Braden to a hospital when a cyst began to bleed. He died of COVID earlier this year.
Wilson contends that he was surrounded by COVID patients for hours. Because of laws that protect hospitals from litigation, she found that lawyers would barely give her the time of day. “I was pretty shocked,” she said. “There’s truly no recourse.”
Some lawyers want these laws stricken from the books.
State Affairs Counsel Kate Miceli for the American Association of Justice said, “Lawsuits are there for accountability and truth to be exposed. These laws are absolutely preventing that.”
In the future, many medical malpractice cases are likely to arise should hospitals lose this shielding.