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?
Below 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.
| STATE | IMMUNITY FOR PERSONS CARING FOR COVID PATIENTS | TOTAL NURSING HOME IMMUNITY |
| 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.
