Nursing homes seek immunity from lawsuits

[dalton99a]

https://hosted.ap.org/article/8948150b9dec5b468dde0563ad28689f/faced-19000-dead-care-homes-seek-shield-lawsuits

May. 3, 2020 10:02 AM EDT
Faced with 19,000 dead, care homes seek shield from lawsuits
By BERNARD CONDON, JIM MUSTIAN and JENNIFER PELTZ
Associated Press

NEW YORK (AP) — Faced with 19,000 coronavirus deaths and counting, the nation’s nursing homes are pushing back against a potential flood of lawsuits with a sweeping lobbying effort to get states to grant them emergency protection from claims of inadequate care.

At least 15 states have enacted laws or governors’ orders that explicitly or apparently provide nursing homes and long-term care facilities some protection from lawsuits arising from the crisis. And in the case of New York, which leads the nation in deaths in such facilities, a lobbying group wrote the first draft of a measure that apparently makes it the only state with specific protection from both civil lawsuits and criminal prosecution.

Now the industry is forging ahead with a campaign to get other states on board with a simple argument: This was an unprecedented crisis and nursing homes should not be liable for events beyond their control, such as shortages of protective equipment and testing, shifting directives from authorities, and sicknesses that have decimated staffs.

“As our care providers make these difficult decisions, they need to know they will not be prosecuted or persecuted,” read a letter sent this month from several major hospital and nursing home groups to their next big goal, California, where Gov. Gavin Newsom has yet to make a decision. Other states in their sights include Florida, Pennsylvania and Missouri.

[FarPoint]

1. I say...

Suits should be filled if desired by victims under current law when incident occurred ..

I don't know how I feel yet about any immunity...need more coffee

[Cartaphelius]

2. Have they also sought to curtail profitability

to cover their losses? I mean is that the responsibility of
the business and its investors?

Do the tax payers get a return from investing their tax
dollars?

If the answer is NO to the above question, then they
should fail due to their incompetence in protecting
their best interests.

[empedocles]

3. Nursing home lobbyists will/are paying big time for 'access'.

traitortrump and Moscow mitch hear their concerns.

[outasync]

4. Nursing homes I have dealt with..

We placed my mother in two different medium priced "nice" (all we could afford) nursing homes in Melbourne, Florida last year. In my defense the choice to place her in a home was not mine to make. She suffered dearly for that I am ashamed to admit . UTIs ,house keeping lapses, cold food, no bathing, and staff issues. TERRIBLE! They would promise to correct...ok one week..relapse next. Move to another home...same same. Not enough staff....oh plenty of "professional" staff just not enough "assistants."

Americans need to either keep our seniors at home like other countries or start at really overseeing private nursing homes. It is all in OUR best interest not private interest....

PS. wiped out her savings et al in less than one year...for a stay at a hotel with terrible food, staff, house keeping and safety! Crazy!

[jimfields33]

5. I'm torn

Yes screwed up situation for sure!!!!! There are some great nursing homes out there and not so great. If lawsuits go through and we close down a bunch due to nursing homes not having the money to cover lawsuits. Where do the elderly go???

[Massacure]

6. The elderly will probably stay right where they are.

I imagine the most likely scenario would be that the owner of the nursing home would declare bankruptcy and be forced to sell their facilities to new owners.

That said, I imagine most nursing homes will be able to fairly easily prove they acted in a way that consistent with guidelines provided by state/federal health agencies and/or with how a normal rational person would. I don't really see this protection as being needed.

[jimfields33]

7. Those are excellent points.

Your post makes me feel much better.