Nursing Homes Should Not Get Immunity for COVID-19 Misconduct
The New Jersey legislature passed bill S2333/A3910 providing criminal and civil immunity to health care workers and hospitals in the state for medical treatment related to the COVID-19 emergency. The bill does not extend immunity to acts or omissions constituting gross negligence, recklessness, or willful misconduct.
The bill, which passed both houses overwhelmingly and passed by the governor, is retroactive to March 9, 2020. The protections allowed under this bill will be available for COVID-19 related treatment during the state of emergency declared by the Governor.
The Implications on Nursing Home Victims
While the passing of this new bill provides relief to the nursing homes and facilities, it will make it difficult and even nearly impossible for those elderly victims seeking justice to sue New Jersey nursing homes in the wake of a pandemic that has so far claimed the lives of more than 6,700 residents. Although this new bill does not bar all lawsuits, the state has effectively raised the bar in what might be considered negligence.
It is well known that the nursing home industry is not one that regulates itself well. And although the goal of the bill is to protect front line workers, the immunities provided are also protecting bad actor nursing homes. For instance, according to some, it should not come as a surprise that the death toll in nursing homes has been exacerbated by inadequate supplies and masks and other protective equipment, as well as staffing shortage. All of this, which arguably led to the spread of the deadly virus amongst residents, could have been avoided. And now, with the immunity provided in the bill, those nursing home facilities responsible for the deaths will not be brought to justice.
Call a New Jersey Elder Abuse Attorney Today!
The legal team at Beninato & Matrafajlo Attorneys at Law, LLC is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you suspect a loved one has become the victim of elder abuse, you need an experienced and caring legal advocate on your side. Our experienced New Jersey elder abuse attorneys are available to personally review your case. Call us at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
