Healthcare Worker Lawsuit

When state action is involved, violation of constitutional rights has been raised in pandemic cases filed by health care workers. In 2015, an infectious disease public health nurse from Doctors Without Borders sued former New Jersey Gov. Chris Christie in U.S. district court in Newark, Jersey.

The nurse said that her rights were violated because of due process. The company also falsely imprisoned her by insisting she still had to work. The case settled in 2017 and dictated that anyone quarantined in New Jersey can contest the order and have legal rights to counsel.

This isn’t a one-off. In 2014, an intensive care nurse in Texas claimed that the hospital did not have appropriate policies, procedures, or equipment in place. Therefore, she contracted Ebola.

Limiting Liability

Hospitals and medical facilities have legal defenses to guard against lawsuits. Sometimes a hospital could say that causation in some cases could be difficult to prove since operation is happening in an unprecedented state of emergency. However, healthcare workers are doing amazing things right now. Many are working 15 hours straight and not getting the benefit of the Good Samaritan Act.

The Good Samaritan Act is immunity to those who do good deeds to strangers. This would eliminate the potential snare of professional liability for physicians related to COVID-19. Plus, doctors could be potentially battling medical malpractice claims due to hospital negligence.

Free Consultation

We are offering a risk-free review of insurance policies of businesses closed due to COVID-19. Acting quickly to try to receive compensation for insurance claims is important. Insurance law can get complicated as companies want to give you as little as possible for your losses. We are here to fight for you. Call today for your free insurance review.

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