ALBANY, N.Y. (Legal Newsline) – Legislation passed in New York in response to the coronavirus protects medical facilities and their staff from lawsuits as long as their behavior isn't reckless.
The budget passed by lawmakers and Gov. Andrew Cuomo on Friday included a provision targeting possible medical malpractice over the pandemic, which has affected New York more than any other state so far.
Health care facilities and professionals will be granted immunity from civil or criminal liability if they:
-Are arranging for or providing health care services pursuant to a COVID-19 emergency rule or otherwise in accordance with applicable law;
-Have committed an act or omission in the course of treatment if their decisions are impacted by COVID-19; and
-Are operating in good faith.
That immunity doesn’t apply if the health care professional commits acts deemed to be willful or intentional criminal misconduct, gross negligence, reckless misconduct or intentional infliction of harm.
Acts resulting from a resource or staffing shortage will not be considered any of those things. Volunteer organizations will enjoy the same immunity.
Trial lawyers who sue nursing home are already soliciting coronavirus clients.