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Can Injured Patients Pursue Medical Malpractice Cases During the COVID-19 Pandemic?

Posted on April 29, 2020

At the Nava Law Group, P.C., our Houston, Texas personal injury attorneys applaud our healthcare workers and support each doctor, nurse, and support staff member whose brave efforts and long hours are helping keep out communities safe during the COVID-19 pandemic.

Unfortunately, accidents can still occur on the road, at home, and in grocery stores and other public places where negligence and dangerous premises cause personal injuries.

The question becomes, are non-virus patients getting the care they deserve while the medical industry is overwhelmed?

Does the CARES Act Protect Physicians from Medical Malpractice Claims in Texas?

The Coronavirus Aid, Relief and Economic Security Act, or CARES Act, includes federal liability protections for healthcare professionals and physicians who provide volunteer medical services during the COVID-19 public health emergency.

It states they cannot be held liable in a medical malpractice claim for:

  • Services that relate to the diagnosis, prevention or treatment of the virus
  • Assessment or care of a patient related to an actual or suspected virus case

That provision contains exceptions that apply to medical malpractice cases caused by:

  • Gross negligence
  • Criminal misconduct
  • Providing care while intoxicated

At the Nava Law Group, P.C., we understand that our city and state’s healthcare resources are strained. However, medical care that is administered negligently — and leaves our clients more injured than when they arrived — requires financial compensation to make our clients whole again.

How Can the Nava Law Group, P.C. Help Me Pursue a Houston Medical Malpractice Claim?

Our Harris County personal injury lawyers are operating at full capacity, working remotely.

To discuss your injuries with one of our leading Houston medical malpractice attorneys, contact the Nava Law Group, P.C. today to schedule a free consultation via phone, text, email, or video conference, so you do not have to leave the safety of your home to retain the legal representation you need to produce results.

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