Yes, in some circumstances, but to win your case your attorney would have to show that there was some type of negligence, reason for a medical malpractice lawsuit , or a wrongful death case linked to the coronavirus. In addition, it may be possible to file a coronavirus-related lawsuit in situations such as:
- Coronavirus malpractice lawsuits against nursing facilities that failed to provide adequate protections for residents or staff against contracting the virus or took other negligent actions that contributed to someone getting the coronavirus.
- Lawsuits against insurance companies that refuse to pay their obligations due to what they consider to be an “act of God.”
- Lawsuits against companies that have not taken the situation seriously to protect their employees, customers or members of the public. These companies may fail to take precautions such as:
- limiting business travel
- protecting workers and clients from situations in which transmission is likely
- encouraging employees to work from home
- not making them participate in large industry conferences and gatherings.
- Lawsuits against a government entity that failed to protect a captive population.
Do You Have a Coronavirus Malpractice Lawsuit?
The coronavirus epidemic is so recent and the situation is changing so rapidly, that legal obligations to protect patients, workers, clients, and the public is not yet clear. However, if you or a family member has become seriously ill or someone has died from coronavirus due to someone else’s negligence or fault, you should seek legal advice to see if you have a coronavirus malpractice lawsuit.
Attorney Steven Heisler specializes in representing victims in personal injury, medical malpractice, and wrongful death cases. Our team offers a free consultation to examine the facts of your coronavirus situation and evaluate whether you have grounds for a coronavirus malpractice lawsuit. Contact us today for more information at (410) 625-4878.
Can You Sue for Negligence in a Coronavirus Case?
To sue for negligence in coronavirus case, you and your attorney need to prove that another individual, corporation, or party was at fault for contributing to your illness. In some situations, there may be multiple defendants, such as doctors who failed to diagnose your illness or didn’t treat it properly, and the cruise line or nursing home that didn’t provide proper sanitation and disease-prevention techniques.
According to Fortune, victims are already bringing or looking to bring lawsuits for coronavirus- related problems. Fortune reports that a dozen passengers from the ship, the Diamond Princess, which was quarantined off Japan are exploring litigation against Princess Cruise’s parent company Carnival Corp. The issue is whether the company took reasonable and proper care to prevent the virus from spreading, especially when they had previously had experience with outbreaks of norovirus cases on their ships.
On the Grand Princess, claims have been made that ship personnel only asked boarding passengers to fill out a form about whether they felt sick, failed to inform them that at least two passengers on an earlier voyage on the ship later tested positive for coronavirus, and only gave a small number of the 3,500 people on board tests for coronavirus.
Suing for Negligence in a Coronavirus Case
In order to prove another party was liable for your contracting the coronavirus, your attorney must show that the party was negligent and failed to obey the legal obligation to act in a way that would reasonably be expected of a responsible party in similar circumstances. This means the other party:
- Had a duty of care not to harm you,
- Violated that duty through their actions,
- This violation was directly related to harm you received, and
- You suffered actual damages as a result.
If the harm from the coronavirus was death, you may be able to sue in a wrongful death case. These are cases when the person’s death was caused by another party’s negligence or unlawful action. Wrongful death claims related to the coronavirus can be filed on behalf of close family members who miss the company and support the deceased person would have given them.
Can You Sue the Life Care Center?
Many of the coronavirus deaths in the United States have so far occurred at the Life Care Center, a nursing facility in Kirkland, Washington. While, according to the New York Times, it is still unknown how the outbreak started, coronavirus spread quickly throughout the facility. Family members have had visits restricted and have had difficulty getting basic information from Life Care’s leaders and public health officials. Families claim that many residents went days without being tested for coronavirus, even as they and started coughing and feeling sick.
If you or a family member contracted coronavirus while in the Life Care Center or other nursing facility, you may be able to sue if your attorney can show there was negligence, medical malpractice, or wrongful death involved. Contact Steve Heisler to find out more about your rights at (410) 625-4878.
Find Out if You Have a Coronavirus Malpractice Lawsuit
The Law Offices of Steven H. Heisler can help if you or a family member has gotten sick or someone has died from coronavirus due to someone else’s negligence. Contact us today at (410 625-4878 for a free consultation to discuss the facts of your situation and your options. There is never a fee unless and until we win your case.