Does My State Have Nursing Home Lawsuit Immunity due to Coronavirus?

List of State Civil Immunity for Nursing Home Abuse

Can a State Give a Nursing Home Total Immunity for Negligence during the Coronavirus Pandemic?

Many states have implemented varying degrees of liability protection from lawsuits arising out of nursing home injuries. Some states have granted negligence immunity from COVID-19 specific death cases. Some states have extended civil immunity even further to encompass any negligence actions that occur during the COVID epidemic. Other states have no civil immunity for nursing homes, even if the death is directly due to coronavirus.

Don’t Be Discouraged by Civil Immunity in Nursing Home Negligence Cases

As nursing home attorneys, we understand that granting civil immunity to nursing homes is a bad idea. This immunity literally gives the negligent facility a license to kill with impunity, which is not a good idea in an industry with a checkered past. In fact, a recent Washington Post article details how some nursing home chains are exploiting the coronavirus and are under investigation for misusing millions of federal taxpayer dollars to profit.

Even if your state does have some form of civil immunity for nursing home negligence, do not give up! Many of the current immunity orders are unconstitutional, or being gradually removed. Additionally, most immunity orders allow for lawsuits if the nursing home’s conduct was reckless or grossly negligent. This is a fluid and dynamic situation, and it is unlikely that civil immunity will last for a prolonged amount of time.

If you believe your loved one suffered wrongful death or catastrophic injury due to nursing home negligence, call Senior Justice Law Firm today at 888-375-9998 for a free case consultation. 

Does My State Offer Total Civil Immunity for Nursing Home Negligence Lawsuits?

Nursing home lawsuit immunity during coronavirusBelow is a list detailing the nursing home immunity status for all 50 states.

Please remember that state immunity can change by executive governor order or by legislation. This means that immunity to nursing homes may be granted, extended or revoked depending on the actions of individual governors, state legislators and courts of appeal.

Before making any legal decisions, speak with a qualified attorney who can appropriately advise you on the laws of your state, as these immunity issues are constantly changing.





Alabama Yes No
Alaska No No
Arizona Yes Yes
Arkansas Yes No
California Yes No
Colorado No No
Connecticut Yes Yes
Delaware Yes Yes
District of Columbia Yes Yes
Florida No No
Georgia Yes Yes
Hawaii Yes Yes
Idaho Yes No
Illinois Yes Yes
Indiana Yes Yes
Iowa Yes No
Kansas Yes Yes
Kentucky Yes Yes
Louisiana Yes Yes
Maine No No
Maryland Yes Yes
Massachusetts Yes Yes
Michigan Yes Yes
Minnesota No No
Mississippi Yes Yes
Missouri Yes No
Montana Yes No
Nebraska No No
Nevada Yes No
New Hampshire Yes Yes
New Jersey Yes Yes
New Mexico No No
New York Yes Yes
North Carolina Yes Yes
North Dakota No No
Ohio Yes No
Oklahoma Yes Yes
Oregon No No
Pennsylvania Yes No
Rhode Island Yes Yes
South Carolina Yes No
South Dakota No No
Tennessee No No
Texas No No
Utah Yes Yes
Vermont Yes Yes
Virginia Yes Yes
Washington Yes No
West Virginia No No
Wisconsin Yes Yes
Wyoming Yes No

More Questions on Nursing Home Abuse & Neglect Lawsuits during Coronavirus?

Call 888-375-9998 or live chat with our attorneys today.

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