As a number of states have enacted emergency orders and laws to shield nursing homes from coronavirus-related civil suits, plaintiffs attorneys say they won’t be stopped from filing suits thanks to immunity exceptions and potential constitutional challenges.
Lawmakers in states that were hit hard early on in the COVID-19 pandemic, such as New York, New Jersey, and Massachusetts, were quick to enact executive orders or legislation to provide health care providers with a liability shield so they could give much-needed treatment without the fear of getting sued.
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“Everything can be challenged in court, but certainly the statutes will stand the test of time a little bit better,” said Tiger Joyce, president of the American Tort Reform Association. “They reflect a broader perspective as they are enacted by a number of lawmakers, not just a single governor.”