Can I Sue a Nursing Home or Hospital For Coronavirus-Related Negligence?

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The COVID-19 pandemic has taken the nation by storm, leaving many scrambling to handle its devastating effects.聽 Healthcare professionals and medical facilities are no exception. Of course, we have the utmost respect for all those on the frontlines, working to treat the affected and put an end to this horrible disease. That being said, we are hearing more and more horror stories of understaffed, dangerous, and sometimes downright careless doctors and staff at these nursing homes and hospitals.

In New York State, Governor Cuomo has recently granted these medical facilities immunity from medical malpractice lawsuits, stating essentially that everyone is doing all they can, and should therefore not be held accountable for every mistake during these turbulent times. While of course, most of our healthcare professionals are doing everything they can, there are many instances that depict a clear violation of our most vulnerable population’s human rights.

There have been thousands of nursing home deaths in New York due to COVID-19, and if you believe your loved one, either in a nursing home or in a hospital, has lost his or her life due to medical malpractice, you are most likely now seeking justice. Though Cuomo granted medical facilities immunity, you may still sue them for what is known as “gross negligence.” Gross negligence is defined as the “lack of slight diligence or care” or “a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party.”

If you believe this is the cause of your loved one’s death, please do not hesitate to give our compassionate, knowledgeable New York City medical malpractice attorney a call today. We understand that these are sensitive, complicated, and unprecedented times, which is why we are dedicated to providing all those in need with the legal assistance they deserve.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.