The new coronavirus has drastically impacted people across the United States, and the world. Unfortunately, among those impacted are individuals currently residing in nursing homes. Since nursing homes are so crowded, understaffed, and more, many people are contracting the virus in these enclosed, clustered spaces. Because of this, many families across the state of Pennsylvania are now considering their legal options, as they wish to hold these facilities accountable for what they believe is nursing home negligence.
That being said, in response to this wave of potential lawsuits, nursing homes are lobbying for immunity from them. States such as New York and New Jersey have already provided nursing homes with such immunity, and it is said that Pennsylvania may be one of the next states to do so as well. Of course, we do not wish to penalize anyone working on the frontlines to stop the spread of this virus, however, there are instances where one could argue negligence is clearly responsible for various fatalities and otherwise harm caused to nursing home residences.
You should note that even in states where nursing homes are granted immunity from civil and criminal penalties, they may still be sued for what is known as “gross negligence.” Gross negligence is defined as the “lack of slight diligence or care” or “a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party.”
We know that these are unprecedented times, and the law is constantly evolving around them. If you believe your loved one has been the victim of nursing home negligence in Pennsylvania, the time to act is now. Please do not hesitate to reach out to our knowledgeable Pennsylvania medical malpractice attorneys today to learn more about how we can help you through every step of the claims process ahead.
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Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, please contact Friedman Schuman today to schedule a consultation.