How Does the Immunity Law in NY Apply to Nursing Homes During the COVID-19 Era?

 In Personal Injury Attorney

As we’ve seen how COVID-19 has torn through our WNY community, it’s terribly sad to see the toll it’s taken. Understanding that these times are tough, we wish the best to anyone who has been affected by the healthcare crisis. Enduring a global pandemic affects all of us, at all levels of society. Today we’d like to take a bit of time to go over a few things regarding the recent changes in the nursing home legal world. 

NYS Emergency or Disaster Treatment Protection Act

This past March, an executive order and April budget bill, New York State granted a shield to nursing homes and their staff as these places seek employees, equipment, and testing to cope with the ongoing pandemic. The grim statistics are eye opening to look at across New York State and the country. 

Many other states have followed suit with similar moves to shield health care workers. The New York law, Emergency Or Disaster Treatment Protection Act, declares that “any health care facility or health care professional shall have immunity from any liability, civil, criminal, for any harm or damages alleged.” so long as the care is provided in accordance with NYS rules and affected by “decisions or activities in response to or as a result of the COVID-19 outbreak.” 

This Certainly Affects Nursing Home Cases in 2020

In the world of law, it is best to sit down and go over the details of a case in person. Doing that in today’s world may obviously be challenging. The current restrictions to making a case are legitimate, and talking to an attorney directly is the best first step. You can initiate that conversation on our contact page. We can set up a time to chat about your case with a little detail. We can go over details virtually or over the phone.

Many Complicating Factors

You can find a bit more on the current state of affairs in New York State Nursing Home Immunity Law here, as the landscape is ever changing.

Talking to a professional who works in a nursing home in WNY will give you a good clear picture of the chaos that they are going through. The laws that restrict nursing home abuse cases are deep, and the disadvantages that nursing home professionals are facing are real.

If you have a question regarding nursing home abuse cases in WNY, please give us a call or reach out via our contact form. 

We trust that WNY will come together during these difficult times, and push forward into a great future!

Governor Andrew Cuomo Speaking on the state of Nursing Homes of NY back in April.

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