Long Island Residents Prevented From Suing Nursing Home for COVID-19 Deaths



The COVID-19 pandemic has been difficult for many of us, but nursing home residents have probably suffered more than any other subset of the population. This is especially true in states like New York, where the government has been widely criticized for failing to protect vulnerable senior citizens at long-term care facilities. Governor Cuomo is at the center of this controversy due to the fact that he covered up the deaths of nursing home residents, and many residents are seeking justice. Unfortunately, many individuals are facing significant hurdles as they try to sue nursing homes for the deaths of their loved ones.


If you have lost a loved one in New York due to the government’s mishandling of the COVID-19 crisis, it makes sense to get in touch with a qualified, experienced attorney. Although plaintiffs are clearly encountering issues as they seek justice for their loved ones, the situation is not completely hopeless. The legal battle is still active. Nursing homes and government agencies must be held accountable, and the best way you can do this is by working with one of our skilled legal professionals.


Hospital Groups in New York Fighting Back Against Lawsuits


In June of 2021, it was revealed that hospital groups in New York had taken steps to get a lawsuit dismissed. The lawsuit was filed against Our Lady of Consolation Nursing Home in New Jersey, and plaintiffs have accused this nursing home of gross negligence as they failed to take adequate measures to protect their residents. The suit was brought forth by the daughter of a senior citizen who died of coronavirus last year while she was staying at the nursing home. Hospital groups are concerned that a victory for this plaintiff would serve as a dangerous precedent, opening the door for future lawsuits against other nursing homes throughout the state that were equally negligent.


The Emergency or Disaster Treatment Protection Act


The reason these nursing homes have been able to escape consequences is The Emergency or Disaster Treatment Protection Act. Signed into law by Governor Cuomo at the height of the pandemic, this law provided hospitals and nursing homes with legal immunity from lawsuits related to COVID-19 injuries and deaths. The law immediately met fierce opposition from the public, and it was eventually repealed.


With the law repealed, these hospitals and nursing homes are once again vulnerable to lawsuits, which means families can take action. There is only one problem — people have already lost their lives, and the pandemic seems to be approaching its end. The controversial law provides legal immunity retroactively, even if it has been repealed today. That means that these nursing homes are still protected against lawsuits for the deaths of its residents in the past.


Today, members of the public have been arguing that The Emergency or Disaster Treatment Protection Act be retroactively repealed, which would allow family members to pursue justice for their lost loved ones.


Reach Out to a Qualified Attorney Today


If you have been searching for a qualified, experienced attorney who can help you with this matter, look no further than The Glassman Law Group. We have experience with medical malpractice lawsuits, wrongful death claims, and personal injury lawsuits of various types. Seniors deserve better, and the state needs to see that justice is served. If we all work together, we can make sure that this preventable tragedy never happens again. Reach out and book your consultation today.

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