Nursing Homes Should Not Get Immunity for COVID-19 Misconduct

  • Dan T. Matrafajlo
  • Mon Jan 2021
  • Nursing Home Abuse,
  • 0

nursing home abuseThe 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

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers' Rising Star list for the past five years, Matrafajlo's litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

  • logos