Nursing Home Legal Alert - 4/27/20

Hurwitz & Fine's COVID-19 Legal Alert: 
Hospital & Nursing Home Liability

Monday, April 27, 2020
Hurwitz & Fine's COVID-19 Medical & Nursing Home Defense Team
With over 50 years of combined experience in defending doctors, nurses, and medical professionals, as well as hospitals, institutions, and nursing homes, the Hurwitz & Fine COVID-19 Medical & Nursing Home Defense Team is here for you.  The medical field and nursing home community are facing incredible pressure in dealing with this current COVID-19 outbreak that is stretching resources beyond capacity.  We are here to defend our caregivers on the frontlines of this unprecedented pandemic from claims of negligence and malpractice. 

Our defense team has the trial results and experience to vigorously defend our caregivers facing blame in these most trying of circumstances.  Patrick B. Curran has dedicated his 40-year legal career defending medical professionals and nursing homes from claims of negligence and malpractice.  He has also served as an adjunct faculty member at the University at Buffalo School of Law, and lecturer for the University at Buffalo School of Medicine and School of Nursing, as well as for other health care professional and community groups.  V. Christopher Potenza is a seasoned and trial-tested litigator, having obtained defense verdicts across New York State on complex matters. He has substantial experience defending claims at the federal, state, and appellate levels.  Stephanie L. McCance is also a member of the team, offering her international legal experience with strong analytic and organizational skills. 

An important message from the Hurwitz & Fine COVID-19 Response Team
Recent Executive Orders and Immunity for Hospitals and Nursing Homes Dealing With COVID-19

As New York’s hospitals and nursing homes 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.

Immunity Extended to Healthcare Facilities

We previously discussed Executive Order 202.10 here, which grants immunity to individual health care workers from medical malpractice actions arising from the COVID-19 pandemic. This immunity was recently extended to hospitals, nursing homes, and other facilities licensed or authorized under Article 28 of the Public Health Law and Articles 16 and 31 of the Mental Hygiene Law, through the newly enacted Article 30-D of the Public Health Law, entitled the ‘Emergency or Disaster Treatment Protection Act.’

Your COVID-19 Resource Center: Legal Updates Regarding the Coronavirus
Our teams are hard at work keeping you updated on the latest New York State and Federal updates concerning the coronavirus. Our Resource Center compiles all of the information that could affect you and your business during this pandemic.
As a public service, we are pleased to present this legal alert, which aims to provide our clients and subscribers with timely information on how the COVID-19 pandemic may impact medical and nursing home claims.  In some jurisdictions, newsletters such as this may be considered: Attorney Advertising.
If you know of others who may wish to subscribe to these legal alerts, please feel free to forward it. If you wish to subscribe or unsubscribe, please do so at the bottom of this newsletter.
Your COVID-19 Medical & Nursing Home Defense Team
is here to answer your questions:

V. Christopher Potenza, Esq. ([email protected])
Patrick B. Curran, Esq. ([email protected])
Stephanie L. McCance, Esq. ([email protected])

COVID-19 Business Interruption Team:
Steven E. Peiper, Esq. ([email protected])
Dan D. Kohane, Esq. ([email protected])
Lee S. Siegel, Esq. ([email protected])
Ryan P. Maxwell, Esq. ([email protected])

COVID-19 Labor & Employment Team:
Ann E. Evanko, Esq. ([email protected])
Andrea Schillaci, Esq. ([email protected])
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Hurwitz & Fine, P.C.
1300 Liberty Building, Buffalo, NY 14202
Phone: 716-849-8900, Fax: 716-855-0874

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In some jurisdictions, newsletters such as this may be considered Attorney Advertising.

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