When we hear the words post-traumatic stress disorder or PTSD, we generally think of someone having been in combat like Iraq, Afghanistan or some similar event. You may not think of a first responder like police, fire, or paramedics but they face traumatic events almost on a daily basis. Then there are those who have or have had a medical condition and been traumatized as a result. The ensuing stress can be the result of chemotherapy or long term treatment for cancer or similar chronic diseases.
The current COVID-19 pandemic has changed our way of life and many have been stricken with the coronavirus or are the loved ones of someone who passed away as a result. Either way, there is a lot of trauma and stress. For those hospitalized or under medical care during their illness, there are options available for physicians and staff to help those affected to prevent or deal with the trauma in an effective way. The goal is to prevent or at least minimize the effects of PTSD. Nevertheless, many suffer and the effects can last for weeks, months, and sometimes years.
First responders already face enough trauma and stress without having to deal with ‘fear’ of becoming infected with the coronavirus. There is one police department in Cochrane, Alberta that is attempting to help their city’s firs responders deal with any emotional stress or fear as a result of the working conditions. Another Canadian city that is working on efforts to help their first responders deal with PTSD and coronavirus in Edmonton. (https://www.msn.com/en-ca/news/other/peer-support-retreat-for-first-responders-dealing-with-ptsd-developed-in-cochrane-alta/ar-BB14tiSt). The goal is to have officers talk about what they have faced so that others can hear and understand, and ultimately be better able to cope with the situations that may arise.
Taking care of first responders is of the highest priority as they are the ones on the frontlines battling coronavirus and helping those that are affected. They should have some support available to them in coping with this, as it is an ongoing issue. But, is fear or emotional distress from coronavirus considered ‘bodily injury”? According to the National Law Review (https://www.natlawreview.com/article/can-fear-or-emotional-distress-associated-covid-19-be-bodily-injury), some policies may define ‘bodily injury’ as mental anguish and stress.
Others may not, but nevertheless, if it is determined that emotional damage is a bodily injury then the policy would pay for any claims that the client may have as a result. For first responders, this would be a workman’s compensation insurance type issue. However, they may or may not have such coverage and any claims would need to be file a legal claim. Thus, a first responder would need the services of someone like Bennett Injury Law.
But, what about a person who contracts coronavirus? Proving emotional distress and trauma for medical reasons is difficult and requires eyewitnesses. There are many factors associated with medical PTSD, and if a patient is placed on a ventilator and survives then the chances of developing PTSD are drastically increased. They may not be able to work for quite a while, if they still have a job. (https://www.latimes.com/opinion/story/2020-05-04/coronavirus-ventilator-ptsd-syndrome) Many hospitals have developed programs to help patients after ICU deal with psychiatric and cognitive issues resulting from COVID.
To make matters worse for some patients is the fact that many have already been traumatized with medical issues before coronavirus came around. Many patients have just undergone chemo for cancer or have had long bouts with chronic disease and are faced with coronavirus. The quarantine is bad enough and can cause distress tantamount to having the disease itself. We are not dealing with ordinary stress here but rather something that can be diagnosed and measured. It is real enough that it is included in the DMSR or Diagnostic manual for mental disorders.
Thus, Medical PTSD is real but is not talked about enough according to Health.com (https://www.health.com/condition/infectious-diseases/coronavirus/coronavirus-health-trauma-ptsd-anxiety) Nevertheless, it is also something that can be dealt with and prevented or at least treated while the patient is institutionalized or under medical care. According to the same article, the patient or family members may have to be ‘their own advocate’ in getting the necessary help to confront Medical PTSD.
This is where missed opportunities can occur and patients are not given proper help with facing PTSD. As stated previously in order to file a claim for personal injury as a result there must be eyewitnesses, or fact witnesses, and expert witnesses, which may be psychologists or psychiatrists. Some symptoms besides anxiety and stress include flashbacks, nightmares, and inability to cope with daily life. Still, a patient who has suffered medical PTSD related to COVID-19 needs help to pay for the mental distress and anguish.
Finally, another area of concern is when a patient dies due to COVID-19. There can be a lot of stress and trauma as a result for the family, especially if it is prolonged. This is stress on the family members that might have been avoided and is not the same as malpractice or negligence in the treatment of the loved one.
In each of these case types, there is help for you in getting compensation for your claims. Don’t wait to call Bennett injury Law for a quick consultation. Even if you are not sure, don’t hesitate to call. We are here to help you in resolving any claims resulting from Medical PTSD and COVID-19.
