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COVID-19: New York Waives Medical Malpractice Liability

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Peter J. Gregory
Apr 7, 2020
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In the midst of the COVID-19 pandemic, Governor Andrew Cuomo and the New York State Legislature reached an agreement on the New York State 2020-2021 Budget.  Included in the budget legislative package is a bill that grants sweeping personal injury liability protections to hospitals and health care workers treating the surge of patients infected with the coronavirus.

Titled the “Emergency Disaster Treatment Protection Act,” the statute largely lifts the threat of medical malpractice lawsuits at a time when New York hospitals are reeling from ventilator and protective-gear shortages and overcrowding that could force them to make wrenching choices about allocating lifesaving care.

The State has waived liability for the duration of the declared COVID-19 state of emergency for all health providers and facilities impacted by the COVID-19 outbreak. This affects not only COVID-19 patients, but also any patient who presents at an impacted healthcare facility or to a healthcare professional during the period of the COVID-19 emergency declaration.

The New York bill protects more than just physicians and nurses, but also the boards and administrators running the institutions. It also covers nursing homes and a number of other health-care workers. It protects them not only from tort claims, but the less likely possibility of criminal prosecutions stemming from loss of life.  The statute’s protections are not unlimited, and the law does not excuse intentional criminal misconduct, reckless misconduct or intentional infliction of harm to patients. The immunity will expire whenever the state of emergency Gov. Cuomo declared in March is lifted.

For assistance with these matters, please contact a member of our personal injury practice

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About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.