Many of us, including myself, have loved ones who are confined to nursing homes during this Covid-19 crisis. Questions arise as to the level of care being provided, and unfortunately, we cannot always visit to check on the status of our family members or friends. Indeed, our visits are likely limited to outdoor meetings at sporadic times. This raises a concern as to the quality of care which they may or may not be receiving. Meanwhile, there has been an immunity granted to nursing homes by way of executive order from Gov. Lamont. This immunity is essentially as follows:
“any health care professional or health care facility shall be immune from suit for civil liability for any injury or death alleged to have been sustained because of the individual’s or health care facility’s acts or omissions undertaken in good faith while providing health care services in support of the State’s COVID-19 response, including but not limited to acts or omissions undertaken because of a lack of resources, attributable to the COVID-19 pandemic, that renders the health care professional or health care facility unable to provide the level or manner of care that otherwise would have been required in the absence of the COVID-19 pandemic and which resulted in the damages at issue…”
The bounds of what can be considered “good faith” to provide nursing homes with a shield against lawsuits during the current pandemic have not yet been tested in court. Department of Public Health citations and/or sanctions would presumably be evidence that a given facility did not act in “good faith.” If you have questions about the standards of care for a loved one or family member who is presently in a facility, feel free to contact Attorney Bruce Newman at 860.583.5200.