As states protect nursing homes from lawsuits, families fear they have little recourse.
In this undated file photo, a doctor checks on an elderly patient.But pursuing legal action during a pandemic could prove an uphill battle for Figueroa and many others.
“With the limited accountability we have right now because of the lack of family visits, having this basic legal accountability is one of the few things that we have left to make sure that they keep peoples loved ones safe,” said David Certner the Legislative Counsel and Legislative Policy Director for Government Affairs at AARP. “The point is to maintain accountability especially at a time when there is none.
“The furnishing of treatment of patients during such a public health emergency is a matter of vital state concern affecting the public health, safety and welfare of all citizens,” the new provision says.To promote that, the language says, “broadly protecting the health care facilities and health care professionals in the state from liability that may result from treatment of individuals with COVID-19 under conditions resulting from circumstances associated with the public health emergency.
California, like Maryland, has limited laws protecting health care providers from liability during a declared health emergency. The state is considering broader immunity measures, given the current crisis. "It is crucial that as we continue to fight the pandemic itself we ensure it is not followed up by a job-killing epidemic of frivolous lawsuits," McConnell said."This would be about the worst time in living memory to let trial lawyers line their pockets at the expense of the rest of the country."
“Long term care workers and centers are on the front line of this pandemic response and it is critical that states provide the necessary liability protection staff and providers need to provide care during this difficult time without fear of reprisal,” Parkinson said in a statement.
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