The COVID-19 pandemic reshaped nearly every aspect of daily life, including how patients accessed medical care and how providers delivered it. Courts are still grappling with the legal consequences of those extraordinary circumstances. A recent New York decision highlights how temporary immunity laws enacted during the public health crisis continue to influence medical malpractice litigation today. If you suffered harm due to incompetent medical care and you have questions about how pandemic-related laws may affect your potential case, it is critical to speak with a Syracuse medical malpractice attorney as soon as possible.
Factual and Procedural Background
It is reported that the plaintiff sought treatment from the defendant physician on March 16, 2020, for nausea, constipation, and vomiting. The physician, who practiced with a gastroenterology group, examined the plaintiff in his office at that time.
Allegedly, the plaintiff’s symptoms continued, and the defendant’s office closed on March 23, 2020, pursuant to the statewide emergency declaration. It is alleged that thereafter, the defendant communicated with the plaintiff by telephone on April 1, April 3, and April 6, 2020. On April 6, the plaintiff presented to a hospital and underwent emergency surgery for a bowel obstruction. Continue Reading ›