Can I Sue For Wrongful Death Due to Coronavirus?
UPDATE (1/3/2023): There is no cause of action in Florida regarding COVID hospital deaths. However, if a wrongful death happened in a hospital (or elsewhere) for another reason, it might be worth consulting a wrongful death lawyer in Florida, medical malpractice lawyer in Florida, or a nursing home abuse lawyer in Florida. Glover Law Firm has experience with all of those case types. Call us today at 352-484-0775 or email us to schedule a free wrongful death or medical malpractice case evaluation.
Blog Post from 4/6/2020:
There are over 2,000 confirmed cases of the coronavirus here in Florida as of March 25th, 2020, with potentially millions of cases yet to come, according to ClickOrlando. The coronavirus, or COVID-19, has the nation on lockdown, or at least a watered-down version of lockdown called “social isolation.” Whether federal and state government initiatives to stop the spread of this deadly virus are enough, or if hundreds of thousands of Americans lose their lives due to inaction, only time will tell. What we do know is that in the months to come, Americans and Floridians will start to question whether another party—possibly a doctor, employer, business owner, or consumer product manufacturer—had a hand in the death of a loved one. Wrongful death lawsuits are certainly going to arise from the global coronavirus pandemic, and a Florida wrongful death attorney is here to answer your questions.
If a doctor or nurse knew he or she was sick with the coronavirus and treated a patient in the ER for a broken ankle, then passed along the virus to that patient, can the doctor or nurse be sued? Can a hospital be sued for not treating an elderly person for COVID-19 because there are not enough beds? These are questions that we may not know the answer for quite some time. At the time of this writing, it is too early to know if a medical malpractice claim for failure to properly treat coronavirus stands a chance in court. The federal government or Florida state government may, in the future, create legislation that affects coronavirus medical malpractice claims.
Premises Liability and Employer Liability for COVID-19
Businesses and employers may be liable for not taking preventative measures for the coronavirus. This could mean that they failed to sanitize, required workers that they knew were sick to come into work, or otherwise spread the virus through another type of negligence. It may be difficult to prove that a business owner or employer acted inappropriately, however. Which is why an attorney must have all the facts in your case before knowing whether or not you have a claim.
At this time, it is more likely for a product liability lawsuit to have success for COVID-19 than a medical malpractice lawsuit. The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) recently issued a warning to seven companies for selling fraudulent COVID-19 products, according to the FDA. The companies that were issued warnings were selling unapproved drugs that “pose significant risks to patient health and violate federal law.” An FTC spokesperson said, “What we don’t need in this situation are companies preying on consumers by promoting products with fraudulent prevention and treatment claims.”
The U.S. Food and Drug Administration continues to issue warning letters to firms for selling fraudulent products with claims to prevent, treat, mitigate, diagnose or cure COVID-19, actively monitoring for any firms marketing products with fraudulent COVID-19 prevention and treatment claims. The FDA exercises its authority to protect consumers from firms selling unapproved products and making false or misleading claims, including pursuing warning letters, seizures, injunctions or criminal prosecutions against products and firms or individuals that violate the law. The FDA remains particularly concerned that products claiming to cure, treat or prevent serious diseases like COVID-19 may cause consumers to delay or stop appropriate medical treatment, leading to serious and life-threatening harm. Product liability claims against companies selling fraudulent or misleading COVID-19 products continue to be viable legal options for families who suffered harm due to delayed medical treatment.
Contact a Wrongful Death Attorney Today
If you lost a loved one to the coronavirus, our Ocala wrongful death attorneys understand the grieving process that you are going through, and we are here to help you seek financial justice for your loved one. Call the Glover Law Firm today at 352-484-0775 to schedule a free consultation.
Resources:
fda.gov/news-events/press-announcements/coronavirus-update-fda-and-ftc-warn-seven-companies-selling-fraudulent-products-claim-treat-or
clickorlando.com/news/local/2020/03/25/more-than-1680-covid-19-cases-in-florida-less-than-month-after-first-cases-confirmed/
