Immunity Law Shields NY Nursing Homes from Liability

At a time when the coronavirus is spreading throughout nursing homes and their residents are placed at high risk of infection, common sense would dictate it is more important than ever to hold nursing homes accountable for negligence. However, due to an executive order by Governor Cuomo and a provision in the recently passed budget bill granting immunity from coronavirus-related liability, it may be harder than ever to hold them liable for their negligence. This may come as a shock to anyone looking to sue a nursing home when their loved ones become ill.

The coronavirus pandemic is the single greatest public health issue in the world right now, and it has forced people to remain distant from their loved ones at a time when they might need each other the most. Among other things, this means leaving elderly or infirm family members in the care of nursing homes, assisted living facilities, and other similar institutions, without the ability to check on their health. And unfortunately, nursing homes have often suffered from being underfunded and understaffed, even before the coronavirus outbreak hit.

Under such circumstances, nursing homes would normally be held liable for their lack of proper equipment and personnel, but due to recent legal changes, that may now be difficult. A provision in the April budget bill grants broad immunity to all medical facilities, including nursing homes, from liability related to the coronavirus epidemic, and a March executive order loosens record keeping laws, potentially making it harder to prove negligence on the part of medical staff. As a result, anyone hoping to hold these facilities to account for their negligence during the pandemic has a steep hill to climb if they want to win their case.

If you or a loved one has suffered an injury or illness due to the negligent conduct of a nursing home or assisted living facility, it’s important to get the legal representation you need to remedy the situation and get compensation for the harm you and your loved ones have suffered. The lawyers at Levine and Slavit, PLLC are experienced in representing New York City and Long Island residents in nursing home abuse and neglect cases. To schedule a free consultation, contact our New York City nursing home abuse and neglect lawyers at (212) 687-2777 or for our Long Island nursing home abuse and neglect lawyers call (516) 294-8282.

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