Hurwitz Fine litigator discusses the status of COVID-19 related claims against nursing homes in New York and the obstacles slowing resolution of the claims in a September 11, 2023 Times Union article.

Hurwitz Fine P.C. had three victories published in The Harmonie’s Group's annual significant cases publication for 2022.

Elizabeth G. Adymy and V. Christopher Potenza were published in Law360 on December 9, 2022 for their expert analysis article on "NY Panel's COVID Nursing Home Case Order Spurs Questions."

In an important and precedential decision released on October 7, 2022, New York’s Appellate Division, Fourth Judicial Department, unanimously held that the statute repealing[1] New York’s Emergency or Disaster Treatment Protection Act (EDTPA)[2], is to be given prospective, rather than retroactive, effect. As argued to the Court by Hurwitz Fine’s nursing home litigation team in Ruth v Elderwood at Amherst[3], the text of the repeal statute itself and the legal principles governing statutory interpretation could lead only to that conclusion.

Covid-19 has yielded a significant amount of personal injury litigation against health care institutions and individual providers.  In response, the federal government and many state governments have passed statutory immunity from civil and/or criminal liability for health care provided during the pandemic.  

The COVID-19 pandemic instigated a wave of legislation in New York state targeted at nursing homes. Hurwitz Fine explores the implications and practicalities of this legislation rollout for facilities, and the potential impact that these new regulations may have on future litigation.

As the nation’s COVID-19 hotspot, NY has issued several Executive Orders and Department of Health Directives implementing various healthcare directives to combat the virus pandemic. However, NY is not alone in introducing legislative efforts to both assist and regulate healthcare facilities and providers in response to COVID-19. Many states have enacted similar such provisions, or already had such provisions in place, and we aim to provide a succinct summary of each of these in this alert.

As New York’s hospitals and nursing homes and assisted living facilities face mounting pressure in providing an appropriate response to the COVID-19 pandemic, Governor Cuomo and the New York State Health Department have issued several Executive Orders and Health Directives addressing the expectations of care to be provided to residents in such times, and the liability that facilities may face if they fall short.

Ann Evanko and Katherine Wood are highlighted for their employment law victory and Patrick Curran is featured for his nursing home negligence defense verdict.

New York Governor Andrew Cuomo issued Executive Order 202.10, suspending and modifying certain healthcare laws in New York State. The aim of this Order is not only to ensure efficient and streamlined care to coronavirus patients, but also to provide some level of protection and reassurance to those front-line workers from malpractice liability that may arise as a result of such care.

Hurwitz & Fine attorney Pat Curran weighs in on access to medical records in the Buffalo Law Journal on July 9, 2018