CHICAGO (July 16, 2020) – 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. In fact, many plaintiffs attorneys in states that have provided liability shields to nursing homes say they are still reviewing and taking on medical malpractice cases over coronavirus infections or deaths.
“There is still exposure for nursing homes,” Salvi Schostok & Pritchard PC Partner Tara R. Devine told Law 360. “Do I like the fact that we have to prove a higher standard? Of course not. But it’s not impossible. After doing a thorough investigation that shows a nursing home was negligent and a patient died, I think they can and should be held responsible for that.”
