Asked by user in Texas. Answered by Enjuris Editors.
I am so sorry for your loss. This has been a difficult year for so many people, and we’ve had so much sorrow and pain.
I am not a doctor, so I can’t comment on the specifics regarding your dad’s treatment. However, medical malpractice is based on the standard of care that’s expected or reasonable within the community — so, in other words, it’s based on what a medical professional of comparable training and with similar resources would do in the same situation.
Unfortunately, COVID-19 adds some wrinkles to traditional medical malpractice. January was a peak time for COVID-19 hospitalizations, and while it’s possible that your dad’s care was not as good as it should have been, it’s also possible that the hospital was over capacity, under-staffed, and still figuring out how to treat COVID-19 patients since it’s still a relatively new illness. The staff might have been struggling to do the best they could with few resources. It’s certainly not an excuse for negligent care, but it also might not meet the standard for medical malpractice.
I suggest you contact a medical malpractice lawyer for guidance if you’re looking to hold the hospital or its personnel accountable. Your lawyer will be able to review your dad’s charts with medical experts to determine if malpractice occurred and what you should do if so.
Here’s a directory (https://www.enjuris.com/directory/lawyers/texas/) of Texas lawyers who can help. Again, my most sincere condolences for your loss. Be well.