A Staten Island nursing home must face a pandemic-era negligence suit that does not allege COVID missteps alone but rather broader infection control lapses, a New York appeals court has ruled.
The legal action one of the first of its kind filed in New York state will provide an important legal test of the controversial immunity provision pushed through early last year by Gov. Cuomo to protect nursing homes, hospitals and other health care facilities during the pandemic.
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On March 26, 2021, the New York State Senate passed a bill to
repeal Article 30-D of the Public Health Law, also known as the
Emergency Disaster Treatment Protection Act (EDTPA). The EDTPA,
signed into law on April 6, 2020, immunized nursing homes and other
providers from civil liability for negligent acts or omissions
committed during the COVID-19 crisis, retroactively effective to
March 7, 2020. If signed into law by New York Governor Andrew
Cuomo, the bill would immediately strip nursing homes, hospitals
and other providers of all such protections. That would mean
Wednesday, April 7, 2021
On March 26, 2021, the New York State Senate passed a bill to repeal Article 30-D of the Public Health Law, also known as the Emergency Disaster Treatment Protection Act (EDTPA). The EDTPA, signed into law on April 6, 2020, immunized nursing homes and other providers from civil liability for negligent acts or omissions committed during the COVID-19 crisis, retroactively effective to March 7, 2020. If signed into law by New York Governor Andrew Cuomo, the bill would immediately strip nursing homes, hospitals and other providers of all such protections. That would mean COVID-19-related claims against health care providers would be litigated as typical malpractice cases.