Should Nursing Homes Get Immunity from Malpractice?

An issue of grave concern!

The US nursing home deaths are rising, which is raising the total death toll to beyond what one could imagine. With so many deaths due to Coronavirus, nursing homes are in its grip too, which are raising grave concerns nationwide.

Nursing homes are now demanding to get immunity from malpractice as the workers at nursing home hospitals and care facilities fear the threat of lawsuits.

On the other hand, lawyers are coming forward to ask that why is urging for immunity from malpractice is a matter of concern for the health care facilities at all? Well-known lawyers in the country are raising their eyebrows on nursing homes saying, that these homes always had pleaded to get immunity, and now they are using the coronavirus outbreak as an excuse to fulfill their ulterior motives. Lawyers fear that if nursing homes are given immunity against malpractice, the safety of the patients will be on the line, and that should never be.

We have seen how ugly nursing malpractice turns out to be where the elderly are terrified, beaten, and ignored, leading to their sad demise. It concerns a person who is leaving his or her family member at a nursing home, only to later regret their decision.

Will giving the immunity be a wise decision on the part of Trump’s Government?

Some states have already passed the law for limited liability, which includes the hardest-hit New York City and the second in line, New Jersey.

Recently, The Pennsylvania Medical Society is asking Governor Tom Wolf to grant temporary immunity so that they can continue to serve the patients without fearing for the lawsuit.

The American Healthcare Association and the National Centres for Assisted Living (a group that represents healthcare facilities for more than 1500 nursing home facilities) are pressuring the Government to seek their support amid the pandemic for immunity of malpractice, protective medical gear, equipment, and more.

In response, Vice President of the United States, Pence has told that the Federal Emergency Management Agency is already working to supply all the requirements for the 15000+ nursing homes around the States.

The question arises, why are the healthcare facilities urging for immunity from malpractice amid the pandemic?

Many doctors and nurses have come forward to address the issues. Doctors and nurses who are not trained are working to help fight the novel coronavirus. They are working even in the conditions when there is no medical equipment, medical gear, masks, and gloves. Such situations make them vulnerable, as well as the people around them. Mistakes can happen, told the doctors as there is a situation that they have never dealt with in their lives before. Fighting for a deadly virus with no cure known and putting oneself in vulnerable situations is life-threatening, and we cannot ignore the consequences arising from it.

Doctors and nurses before treating or providing care for anything else than the coronavirus are difficult at the moment, and they fear that their patients can sue them for not responding or shifting the dates ahead.

Though healthcare workers have their points, we cannot neglect the bigger and worse outcomes that can be by giving a malpractice immunity. Already the death toll in nursing homes is rising where Massachusetts has reported with at least one patient in 77 percent of its nursing homes. Overall around the United States, 60 percent of the cases have been reported in nursing homes. It is of grave concern as nursing homes are the grounds for providing care to the elderly.

The Centre for Disease Control & Prevention is now trying to trace the lapse to know why so many have been affected in the nursing homes. They fear that if the situation is not controlled, the situation will be far worse in the United States.

Mental anxiety among the people!

Meanwhile, people are suffering from the emotional turmoil where they do not know what is happening with their loved ones in the hands of the healthcare community. They are waiting on phones to get the answer from the nursing homes and hospitals where either the nurses don’t have the answer to the questions or are too busy to respond. Such a situation is causing mental anxiety among people.
Look at the severity of the situation, now the rule has been passed by the Federal Government that all nurses and health workers have to respond within 12 hours about the patient’s report and status to their family members/emergency contacts and also the Government with the exact numbers of recovers or death in a day.

Seema Verma an administrator of the Centre of Medicare and Medicaid Services said in a statement that, “Nursing homes have been ground zero for COVID-19,” While announcing the new rules she assures that they will make efforts to provide “transparent and timely information to residents and their families.” But, they are still figuring out to come up with an effective way that can help the system work smoothly.

Where efforts are being made to put everything in control, the Governor of the New York, Andrew Cuomo spoke in an interview that, “these homes have become a feeding frenzy for the virus and the single biggest fear.”

The times are tough, but it is not the time to be timid. We need to fight and keep an open mind as well. Lawyers all over the States are fighting to preserve the rights of the common man so that they are not deprived of their rights or taken advantage of in any case. Though nursing homes are asking for malpractice immunity, notable lawyers in the country are working together to curb the situation as they fear that immunity would mean more problems in the medical field that can have serious repercussions in the long term. From faulty equipment to maltreatment of the patients, anything can happen if the immunity is given to the health workers, hospitals, and healthcare facilities.

Should you seek for lawyer’s help in case of no response from the nursing homes?

If you are a sufferer of nursing home abuse during the Coronavirus outbreak or your loved one is suffering where you have no clue of what is happening to them, get on a call with a lawyer to resolve the issue immediately. Lawyers are working 24/7 to give relief to their clients amid such terrible times.

We all need to be calm and think with a positive mind. If you need help the get one quickly and know the status of your loved one. Lockdowns and curfews are making it difficult for people to visit their loved ones in nursing homes. Also, in the case where their family member is quarantined due to the coronavirus outbreak, a personal visit is prohibited. If you are not getting any response from the healthcare facility, a lawyer can help you in setting things straight.

Greg Kirakosian, who is a notable and well respected personal injury lawyer, is here for your help. He is working actively in solving nursing malpractice cases, and now when the time such as these demands more concentration and input on the nursing field, he is up and working untiringly.

Call Now ButtonCall Now (213) 986-5389