Health

COVID-19 Creating New Medical Malpractice Cases

Published

3 years ago

September 15, 2020

As the pandemic continues to impact many industries and ways of life, some are surprised by the increase in medical malpractice cases across the country. Shortages of supplies like personal protective equipment and hand sanitizer in addition to shortages of staffing and rooms in many hospitals has forced medical teams to make difficult decisions that may generate medical malpractice suits.

As courts sift through the many medical malpractice cases with limited staff and limited hours, medical professionals and attorneys who deal with medical malpractice cases say that they have seen more active cases related to COVID-19 or in relation to some of the ramifications of the pandemic. This may mean longer wait times of compensation for those seeking damages from negligent nurses, physicians, or other medical staff.

While the Department of Health and Human Services (HHS) has released the Public Readiness and Emergency Preparedness (PREP) Act that broadly protects those providing medical treatment for covid-19, there may still be individuals who seek compensation on behalf of loved ones who were injured or died due to the negligence of a medical professional.

Additionally, there may still be instances of negligent care for non-coronavirus related medical care because medical staff are overwhelmed from the pandemic, leaving another avenue where patients could seek damages. As the pandemic continues within the U.S., some who have received medical care may want to pursue a claim for negligent care either related to the novel coronavirus, or for another instance of negligence in the medical setting.

What is Medical Malpractice?

A medical malpractice case can arise when a medical or health care professional causes unwarranted or negligent injury to a patient. It could be an action or non-action and can either be an intentional disregard of medical policy or simply an accident.

“Medical malpractice cases can arise in a variety of situations, but commonly occurs in surgeries where a surgical team is in a rush and may fail to sterilize the surgical equipment, or fails to do a proper count before the patient is closed up and mistakenly leaves behind tools or equipment in a patient,” explains attorney Gary Christmas of Christmas Injury Lawyers.

In many instances of medical malpractice, a patient’s life is severely impacted by the action or inaction of the physician or medical team. In the scope of the coronavirus pandemic, some instances that could fall under medical malpractice are premature discharges, failure to recognize systems or order proper testing, and poor follow-up or aftercare.

How Has Coronavirus Created New Medical Malpractice Claims?

As medical professionals continue to learn more and more about the novel coronavirus, their strategies and treatments have adapted. However, there is still a shortage of space and personal protective equipment that threatens hospitals across the country. This means that medical teams may be more likely to release a patient early or incorrectly diagnose a patient to prevent them taking up a bed that could go to a worse-off patient.

Actions like these could cause the severe injury or death of a patient, which is where medical malpractice suits have risen. Whether due to an overwhelmed hospital, or to the lack of awareness in the medical professional treating a patient, some are seeking justice after experiencing medical malpractice in states across the country.

Some claims may be related to inadequate care, and other claims may derive from a patient who entered a hospital for a non-coronavirus related need and was disregarded or insufficiently cared for. In instances like these, patients and their loved ones may benefit from seeking legal representation or assistance. The HHS may have generated broad protections for hospitals and medical teams, but there may still be the possibility of compensation.

Looking Forward

There is still much to be understood about the novel coronavirus, but one thing that is for certain is that it will have profound long lasting effects on how medical professionals and everyday people interact. While there does not appear to be an end in sight, there are still many things a person could do to protect themselves and the ones they love from the virus, or from negligent medical care.

For anyone thinking of pursuing a medical malpractice claim, it may be beneficial to reach out to a local attorney who handles these types of cases. With the unprecedented situation created by the coronavirus pandemic, laws and regulations surrounding medical malpractice claims may have changed in a way that impacts a person’s ability to pursue their rightful compensation. Lawyers like them could not only help a person understand the nuances of the law, but they could additionally help them navigate their personal medical malpractice case in such a strange time.

Health

What Interferes with Successful Breastfeeding?

Published

3 weeks ago

September 5, 2023

Michelle Langton

While breastfeeding is ideal, it comes with many difficulties new parents might face.

After experiencing the intensity of labor and delivery, many new parents are left exhausted. Despite this fatigue and surviving pospartum, new parents soon learn the importance of managing the needs of an infant. Putting aside their own desires, parents learn to quickly adapt.

Exhaustion and recovery are not the only things that discourage parents from breastfeeding. There are a variety of other woes that can make it difficult for a lactating parent to continue to choose this option.

While 83 percent of women breastfeed at the beginning of postpartum, there is a drastic reduction by 6 months, resulting in only 56% of babies still being breastfed.

Engorged Breasts

When a lactating woman’s milk comes in, she may experience intense pain and discomfort. The breasts typically become overly filled with milk because they have not yet regulated their supply. This engorgement can continue throughout the breastfeeding journey for a variety of reasons.

If the baby’s schedule changes, a woman’s breasts can become overly full. If the parent misses a feeding, breasts can experience discomfor which can lead to breastfeeding infection. If a woman becomes preoccupied at work and does not make time to pump, she can experience discomfort.

If breast engorgement is not treated properly, milk ducts can become blocked, and if a woman does not work to move the milk through her breasts (via feeding her baby, pumping, or expressing the milk), this engorgement can lead to further problems and may cause clogged milk ducts.

Infection

One of the biggest concerns beyond the pain a woman experiences with engorgement is infection. This is known as mastitis, and leads to a woman experiencing not only breast pain and warm breast tissue, but also flu-like symptoms that come with fever, chills, headache, and further exhaustion.

In order to help prevent infection, regular feedings are essential. Often, the best mastitis treatment, at least for early symptoms, is to massage the breast in a warm shower and express the extra milk.

Furthermore, by working with an International Board Certified Lactation Consultant (IBCLC), parents can have a great resource on how to best deal with, treat, and alleviate these problems.

Not only is an IBCLC a great resource in helping prevent breast infection, but a great source for your breastfeeding journey to encourage and educate you in best practices.

The best way to achieve breastfeeding success is to utilize the many tools that an IBCLC offers.

Burnout

To exclusively breastfeed your baby can be quite overwhelming and exhausting. Between nightly feedings, cluster feedings, and pumping sessions for working mothers, breastfeeding is difficult to maintain. Unless a woman is properly supported by her family, friends, and workplace, the chances that a woman will continue to breastfeed are significantly impacted.

Culture also impacts the likelihood of a baby being breastfed beyond 6 months. The CDC discovered that parents in the Southeast United States are less likely to breastfeed their children past six months. This was in contrast to the Northwest, where business policies and the culture is more breastfeeding-friendly and supportive.

Conclusion

Despite the nutritional benefits afforded to a breastfed baby, there are many obstacles that can be discouraging for parents on their breastfeeding journey. From exhaustion to pain to lack of supoort, parents have many reasons to give up.

To increase your chances of success, surround yourself with supportive individuals, reach out to an IBCLC, also known as lactation consultants, and gain the necessary tools required to provide your child with the healthiest option available – you!