Lawmakers Intend to Hold Facilities Accountable for COVID-19 Nursing Home Deaths

A group of New York state lawmakers have announced a plan to repeal a recently-added health care liability law in order to hold nursing homes accountable for the high number of COVID-19 nursing home deaths that have swept the state in the last few months.

By mid-May, research found, more than half of all coronavirus-related deaths in 14 states were in nursing homes, reported The Guardian at the time.

The high number of COVID-19 nursing home deaths came despite early warning signs, reported The Guardian. Nursing home staff said that they didn’t have the proper protective gear, and that management didn’t seem to care as the symptoms spread. In San Antonio, 80% of patients in a single nursing home were diagnosed with COVID-19. Naturally, staff members also contracted the virus at a high rate.

In New York, thousands of coronavirus patients were actually sent into nursing homes after being diagnosed. This directive from the state was later scrapped, but after more than 4,500 patients had already been sent discharged from hospitals to recover in nursing homes, according to an ABC News report.

Despite the vulnerability of nursing home patients, in early April, the Emergency or Disaster Treatment Protection Act, known as “30-D,” was tucked into a budget bill. The Act would loosen record-keeping requirements, as well as immunize health care providers—including nursing homes—from criminal and civil liability in their response to the COVID-19 emergency as long as they were acting in good faith. Families of patients who have died due to nursing home neglect during the coronavirus would be unable to pursue litigation.

The passing of this Act came as a relief to understaffed health care facilities, but critics of the Act were concerned that the immunization law would cover up deadly neglect. Now, a number of lawmakers in New York believe that these advocates were right to be worried.

“As the COVID-19 pandemic has progressed in New York State, it is not apparent that negligence by administrators and executives of nursing homes has occurred at an extraordinary degree,” reads the stated justification for the Assembly bill to repeal this Act. “The consequences have been tragic.”

The consequences? More than 6,000 nursing home residents in New York have either been confirmed or presumed to have been killed in the rising tide of COVID-19 nursing home deaths.

“Repealing 30-D allows families to pursue a process in which they can be heard and seek corrective actions so their loved ones didn’t die in vain,” said Queens Assembly member Ron Kim. There have been an estimated 900 COVID-19 nursing home deaths in Queens so far.

The original Act was intended to protect health care facilities from litigation for doing their best in a time when they lack support, staffing, and supplies. However, State Sen. Alessandra Biaggi argued that the Act went too far.

“While it is abundantly clear that nursing homes have not received the full support that they need to weather this pandemic, that does not mean we completely strip away their responsibility for the care of our loved ones,” Biaggi said. Furthermore, repealing the Act would allow families the “transparency and accountability they deserve,” she said.

If your loved one was the victim of the growing number of COVID-19 nursing home deaths, you may be able to file a nursing home wrongful death lawsuit and pursue compensation for pain and suffering.

Of course, filing a lawsuit cannot bring a loved one back to life, but it can at least help to hold those responsible for the death accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, especially in the wake of losing a loved one, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

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If your family member died from the coronavirus while in a nursing home or assisted living facility, you may qualify to file a nursing home wrongful death lawsuit.

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This article is not legal advice. It is presented
for informational purposes only.