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NY Criticized for Placing Recovering COVID Patients in Nursing Homes

New York State has received substantial criticism for a controversial decision to move recovering coronavirus patients to nursing homes as a means of alleviating pressure on hospitals. According to the Associated Press, more than 4,500 patients recovering from COVID-19 were moved into nursing homes in New York State, due to a policy that has since been reversed by Governor Cuomo. The tally is a mere estimate however, as the New York State Department of Health has yet to release its own numbers.

The coronavirus, also known as COVID-19, is a highly infectious disease that has wreaked havoc on healthcare … Read the rest

Motor Vehicle Fatalities Go Down but Mileage Death Rate Increases

Over the course of the first three months of 2020, the overall number of motor vehicle fatalities across the United States have decreased compared to the same period last year, according to data collected by the National Safety Council. This is attributable to there being fewer people on the road due to the coronavirus and quarantine restrictions. However, in that same period, more people died compared to the number of miles driven, indicating that although people are driving less, they are driving more dangerously.… Read the rest

State Legislators Call for Investigation of Nursing Home COVID Spread

New York has been hit harder by the coronavirus than any other state in America, with New York accounting for nearly a quarter of all coronavirus infections and deaths in the country. Nursing homes have been particularly badly hit, with a third of all coronavirus deaths across the United States occurring among nursing home residents and staff. Now, state legislators are calling for an investigation to find out why the virus has been so particularly devastating in nursing homes.… Read the rest

Quarantine Means Fewer Cars but More Reckless Driving

The coronavirus quarantine has resulted in most people staying home as much as possible, to avoid contracting or spreading the disease. This has necessarily meant fewer cars on the road, with less traffic and fewer overall accidents. However, if New York City is any indication, these empty roads are encouraging people to engage in reckless driving, with a higher rate of speeding tickets and more dangerous accidents compared to before.… Read the rest

Red Light Camera Fee Increase Ruled Unconstitutional

A recent administrative fee added by Suffolk County onto red light camera charges has been ruled unconstitutional by a state Supreme Court justice. Red light cameras have long been an area of contention due to both their proliferation and their debatable legality. This decision is a victory for those who advocate against the cameras, although it merely reduces their cost in Suffolk County, rather than eliminating them entirely.… Read the rest

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.… Read the rest

Most Nursing Homes with Coronavirus Have History of Infections

In an analysis published by the Los Angeles Times, it was found that 89% of all nursing homes that have had coronavirus outbreaks in Los Angeles County had previously been cited for failing to observe anti-infection protocols. While not a surprising result, it is unfortunate for residents who are now infected and fighting for their lives against COVID-19. It also highlights the importance of infection control regulations in fighting outbreaks like the coronavirus.… Read the rest

Ira Slavit on the Tragic Case of Santoro v. Poughkeepsie Crossings

In the most recent issue of the Nassau Lawyer, the Nassau County Bar Association’s newsletter, Ira Slavit of Levine and Slavit, PLLC, wrote about the case of Santoro v. Poughkeepsie Crossings, in which a woman was sued by a nursing home for allegedly causing her mother’s death. Specifically, the nursing home initiated a third-party counterclaim against the woman for allegedly contributing to her mother’s death when she brought a wrongful death suit against the nursing home.

While the nursing home’s claims were ultimately dismissed by the Second Department of the New York State Appellate Division, it is an important case … Read the rest

Ira S. Slavit Published in New York Law Journal

Ira S. Slavit, attorney at Levine & Slavit, PLLC, has recently published an article in the New York Law Journal. The article, titled “Establishing a Private Right of Action in Personal Injury Cases,” discusses the issue of proving a private right of action in a civil lawsuit. This is contrasted against a public right of action, which is the right of a public agency or prosecutorial authority to pursue a lawsuit.

A private right of action is the legal right of a private citizen to sue another party over an alleged injury caused by a violation of the law, such … Read the rest

DOJ Targets Skilled Nursing Facilities for FCA Violations

Every year, the United States Department of Justice (DOJ) announces its priorities, in part to inform the public about its activities, but also to put potential wrongdoers on notice that they will be under extra scrutiny. The announcement also is intended to make otherwise recalcitrant people comply with the law, which both protects the public and reduces the likelihood of getting targeted in an investigation. This year, among its other priorities, the DOJ has announced it will be focusing on violations of the False Claims Act (FCA) by skilled nursing facilities.… Read the rest