Florida nursing homes and COVID-19 lawsuits: Do they deserve immunity?


Second of two parts. 

Nursing homes and rehabilitation centers care for a highly vulnerable population, and resident deaths are common. Facilities routinely face lawsuits alleging negligence.

The customary standard, legal experts say, is based on what another person or staff would reasonably do in similar circumstances to provide care. That creates a high threshold for negligence claims, and a new law unnecessarily adds protections for nursing homes, said Jack McRay, advocacy manager for AARP Florida.

Read part 1:State agency took one Polk County nursing home to task for lax COVID-19 procedures

“It was our position that nursing homes should not be granted COVID civil liability immunity because, first of all, it’s sort of a nonexistent problem,” McRay said. “Florida already has one of the strictest state statutes on bringing tort suits against nursing homes.”



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