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Alberta’s UCP government introduced new legislation Thursday that would protect long-term care and supportive living operators from COVID-19 related lawsuits.
If passed, Bill 70: the COVID-19 Related Measures Act, would raise the legal bar for those alleging harm caused by exposure to COVID-19, forcing plaintiffs to demonstrate gross negligence, rather than ordinary negligence.
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The bill would extend civil liability protection to Alberta Health Services, regulated health professionals, pharmacies, residential addiction treatment facilities and continuing care facilities, as long as they acted in good faith to follow public health guidelines during the pandemic.
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The Alberta government recently introduced a bill that will make it much more difficult to obtain compensation from health facilities and professionals who provided negligent care during the COVID-19 pandemic. This bill is backed by the Alberta Continuing Care Association who lobbied the government to limit their liability following many deaths and several legal challenges against their members.
Bill 70, the COVID-19 Related Measures Act, would set a higher, more stringent standard for negligence claims brought against health facilities as a result of individuals contracting or being exposed to COVID-19. Under the bill, there can be no legal claim for injuries related to COVID-19 such as the loss of a parent or grandparent unless the facility failed to make “a good faith effort” to comply with public health laws and guidance and its conduct amounted to “gross negligence.”
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It’s the helplessness of the victims that gets to Heather McKeown.
One year ago Friday, her mother Wendy became the first of hundreds of long-term care residents to die when Alberta’s facility lockdowns, masks and quarantines failed to protect them from a new coronavirus sweeping the globe.
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“That’s where the rage comes from, whether it’s warranted or not,” said Heather, still grieving, bewildered and quick to tears. “She didn’t go out and get it. My mom was not mobile. Somebody brought it to her, 100%, no question. It was brought to her and it killed her.