In March, Connecticut Governor Ned Lamont signed an executive order granting nursing homes and hospitals immunity from lawsuits over mistakes made during the coronavirus pandemic, with the exception of cases in which criminal conduct or extreme neglect could be proven.
Gov. Lamont explained the decision was important because it allowed for a quick response without the heavy threat of litigation. However, whether or not this immunity will last beyond September when the emergency declaration is set to expire has yet to be determined.
President of the Connecticut Association of Health Care Facilities, Matthew Barrett, expressed his belief that the immunity should extend beyond September when the second wave of the virus is expected to come crashing down.
“These limited immunity policies recognize that from the beginning, much about COVID-19 baffled our nation’s scientists, medical experts, and public health officials,” Barrett said. “Regrettably, the pernicious virus remains erratic as it continues to attack our most vulnerable. Connecticut’s policy recognizes that a more flexible immunity standard is appropriate when there is so much uncertainty and resources are scarce.”
Opposing an Immunity Extension
However, not everyone agrees with Barrett’s view. Those opposed to the extension of immunity believe that this immunity is not necessarily in the interest of the public since it may allow for cases of abuse or neglect without penalty.
Still, those in favor of this immunity point out that the declaration does not extend to protect nursing homes or hospitals in cases of extreme neglect or those in which criminal conduct takes place.
What Lamont will decide come the fall remains to be seen.
Carter Mario is Here to Help You
Carter Mario remains deeply committed to protecting the safety and wellbeing of our elderly population. If you suspect that a loved one’s nursing home or care facility is not providing them with necessary care or is being negligent, contact the nursing home abuse and neglect lawyers at Carter Mario for a free consultation.
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