Did a loved one pass away from COVID-19 while in a Nursing Home?

Latest New York Nursing Home Legislation: What Does It Mean?

On July 23, New York lawmakers voted to roll back broad immunities granted to nursing homes and hospitals in this State. Early in New York State’s wave of covid-19 cases, immunity was quietly provided to nursing homes and hospitals, which provided broad protections to negligence claims that occurred during the coronavirus pandemic. In theory, these broad immunities could be used to seek to bar claims brought by family members of loved ones who passed away from Covid-19 due to a facilities’ negligence.

It is vital that families and loved ones understand their legal rights, especially in uncertain and everchanging times. The legal landscape continues to evolve in response to local government’s attempts to address the pandemic through legislation.

Joseph Ciaccio, managing partner of Napoli Shkolnik’s Nursing Home Litigation Department, comments, “If a nursing home was negligent in preparing for or responding to the Covid-19 pandemic, it should be held responsible to the families of those who suffered and perished as a result. This new bill is a good first step. However, we believe there should be a full repeal of the law. Any law that completely closes the courthouse doors to individuals who have been harmed by the negligence and carelessness of another, especially those tasked with caring for our most vulnerable, is unjust.”

The new law, if approved by the Governor, would limit these immunities. The bill narrows immunity coverage by removing protection related to non-coronavirus cases. It also removes from these protections the “prevention” of the coronavirus from the definition of health care services.

Mr. Ciaccio points out that Napoli Shkolnik has been contacted by hundreds of people whose loved ones died due Covid-19 while residing at a nursing home. “In many of these cases, we have heard stories of complete unpreparedness, negligence, and misinformation on the part of some of these nursing homes,” he shares. “Additionally, many of these nursing homes have been found to be deficient in the care they provide by the Department of Health and Human Services, including with regard to infection control.”

We strongly encourage those who are unsure of how to proceed if their loved one passed away in a nursing home and suspect negligence to contact us to discuss their specific circumstances.