Could Legal Immunity End for RI Nursing Homes?

Due to the COVID-19 pandemic, many emergency orders were established, including immunity from legal liability to nursing homes for injuries and/or deaths related to COVID-19, unless gross negligence could be proven in Rhode Island. This pandemic has indeed hit nursing homes in Rhode Island hard with 883 lives lost and over 3,300 cases. Now, many are calling on the removal of these policies.

Currently, the only way to bring legal action against a nursing home for these cases is to accuse gross negligence, which is a very high legal bar to prove. A party would need to prove that the facility went beyond ordinary negligence but not quite at the level of criminal conduct. However, this is extremely hard to prove as the families have not had regular contact with their loved ones due to this COVID-19 pandemic. Additionally, inspections of nursing homes have been suspended for this uncertain period of time, thereby making it a challenge to keep an eye on potential nursing home negligence.    

While many lawyers and nursing home patient advocates desire these policies to be removed, others agree with the policies and believe they need to still be in place. The president and CEO of the Rhode Island Health Care Association is one who agrees with the policies. He states that this virus presents unique challenges to health care workers and requires them to respond quickly and differently than they are used to. He also states that the policies need to stay intact because the virus is not going away anytime soon and that the looming potential of lawsuits are on the minds of the nursing home facilities, who are battling the virus on the front lines. 

Contact a Rhode Island Nursing Home Lawyer Today

If you or a loved one were injured while receiving care at a nursing home facility, you should contact d’Oliveira & Associates. The Rhode Island Nursing Home Lawyers we work with on these cases have the experience and knowledge to get you the compensation you deserve. There is no upfront out of pocket costs to you and you only pay if your case is won and you receive a settlement or award. Contact us toll-free at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.