INDIANAPOLIS, Ind. (WBBM NEWSRADIO) -- An Indiana lawmaker behind a new law that protects businesses and medical professionals from civil lawsuits regarding COVID-19 said he’s willing to discuss making it less restrictive.
Edward Rigney died in February at the age of 83. He had COPD and had been diagnosed with COVID-19.
The cause of death was attributed to multiple factors, including COVID-19; but medical records showed air bubbles were released into his veins during a medical procedure.
"I want to know what was happening leading up to it in black and white," Enlow told CBS 4. "...try and get some kind of justice for him."
Enlow wants to file a medical malpractice claim. But lawyers have said he can’t win.
Fred Schultz, the president of the Indiana Trial Lawyers Association, told CBS 4 the case would have to involve “gross negligence or willful or wanton misconduct.”
“In the vast majority of cases, it’s impossible to prove that,” Schultz said. “My office has probably had a dozen cases that we’ve had to decline so far.”
Republican State Senator Aaron Freeman is a sponsor of the COVID-Immunity legislation.
“It was never designed to be a blanket freedom of everything,” Freeman told CBS 4.
Freeman said it may be that the law needs to be rewritten to be less-restrictive.
“If something is being used in a way that it is a complete bar to certain claims, then maybe we need to go back and look at it and open that up a little bit and make it less restrictive, I’m certainly open to having those conversations,” Freeman said.
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