May 7, 2020
Our Attorney was on NBCA TV the other day. Here is what channel reported:
For weeks the I-team reported on the virus and its devastating impact on the Nursing homes. So, now nursing homeowners are asking the Governors for protection from lawsuits.
They all are worried about this and we are sure they are. During the emergency the Governor can issue executive orders as the directive bypassing the legislature and the courts and he has already done so like our stay at home order. But this new proposal from nursing homes could give them immunity from most lawsuits and advocates for the elderly say this will affect the health and safety of residents.
“I am getting a lot of calls from families saying I can’t even get a hold of my loved one, can’t even get them on the phone”. Attorney at Gharibian represents relatives with loved ones in nursing homes upset with the lack of information about what is happening inside some of these facilities. That concern now heightened, he says, “with the new call to give nursing homes and similar facilities broad legal immunity bail out that’s really what it is. The California Association of health facilities and other nursing home representatives sent this letter to Governor Newsom. Saying in part when providers approach their work in the coming weeks and months, we must give them the support they need to make the best possible decisions, including protections from future legal action, as long as that liability protection does not excuse willful misconduct.
CA HF points to the initial lack of testing and understanding of asymptomatic spread. The plus differing requirements of health agencies, but Gharabian interprets the request is asking for a pass on everything but the most extreme conduct and that may not include abuse and neglect.
They want immunity from all sorts of conduct. It’s not even limited with respect to any COVID19 issues.
Toni Chiquito from California advocates for nursing home reform.
Cases where facilities made the best decision they possibly could under trying times would not be pursued.
Chicca Tells hopes the governor considers patients’ rights first.
Our biggest fear is that all of the laws that protect adult and disabled adults will can be ignored freely.
The I-Team has tried on multiple occasions in recent days to ask the Governor if he agrees with giving nursing homes immunity.
So far he’s declined to comment, but attorneys, we spoke with believe his decision could come as soon as this week.
Janna the I-team reported just recently, the federal government began requiring that these nursing homes tell families about positive COVID19 cases and also reports the Centers for Disease Control. Now LA county has been listed nursing homes with Coronavirus on their website and recently expanded that to show the number of staff and residents who have it.