Staten Island, NY asked in Nursing Home Abuse for New York

Q: my dad was in a nusing home and died during the 2020 of covid he never was sent to a hospital

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1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: I'm so sorry for your loss. Nursing home residents suffered tremendously during the Covid pandemic. Unfortunately, Albany passed legislation (the Emergency or Disaster Treatment Protection Act) granting nursing homes immunity for negligence during the pandemic. It was partially rolled back in August 2020 and eventually repealed altogether in April 2021. Absent evidence your father passed due to the nursing home's willful misconduct or gross negligence (a very difficult evidentiary hurdle), it would likely not be legally responsible for his death.

Tim Akpinar agrees with this answer

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