Nursing Home Industry Group Requests Immunity From Legal Action During COVID-19 Pandemic
MIAMI (CBSMiami) – The Florida Health Care Association sent a letter to Florida Gov. Ron DeSantis earlier this month. In it, the industry group asks for immunity from legal action for a broad array of health care workers during the coronavirus pandemic, including those at nursing homes and assisted living facilities.
"We believe it is imperative that health care facilities and health care professionals are protected from liability that may result from treating individuals with COVID-19," the letter from Executive Director J. Emmett Reed says.
The Florida Health Care Association says at this unprecedented time it's important for all health care workers, including those at nursing homes and assisted living facilities, to be able to do their jobs without fear of legal action.
"We are looking for immunity essentially because we want them to be able to focus on care for their residents without the threat of being sued," said Kristin Knapp, spokesperson for the Florida Health Care Association.
Knapp also said a number of other states have already taken this step, including New York and Connecticut, among others.
"This is specific to the COVID-19 state of emergency," she said. "Our nursing homes are being vigilant. We are looking to keep our residents safe. That has been our priority from the beginning."
But the family of Richard Curren — the first resident of an assisted living facility in Broward to die of COVID -19 — think it's a bad idea to include nursing homes and long-term care facilities in the same request for protection for doctors and nurses on the front lines of the crisis.
"It makes me very mad that they are trying to jump on the bandwagon to gain public sympathy for frontline workers," said Tracy Wieder, Curren's daughter.
She and her mother believe Atria Willow Wood failed Curren and they believe they should have the right to sue. Gov. DeSantis suggested last month that the facility made fatal mistakes.
"Construction workers, staff and cooks who were ill were not screened and were allowed to go work their jobs and mix with the residents unimpeded," DeSantis said at a March 20 news conference. "That is exactly what you are not supposed to do."
And just days later, DeSantis went even further.
"It clearly fell below the standard of care and whether it went into criminal, I think that's a possibility," DeSantis said.
Wieder said she was heartened when DeSantis made those comments and she hopes he doesn't now provide Atria Willow Wood immunity from liability.
"I was very proud of the Governor on the day he called out this facility," she said, adding that she he hopes he doesn't "backtrack and say 'Ok, well we know you're liable. I'm calling you out for being liable but I'm going to give you a pass.'"
The Curren's are taking initial steps to sue Atria Willow Wood. Their attorney, Lee Friedland, said when something like a pandemic occurs there are already protections in place for health care workers and this type of legal immunity is unnecessary.
"If we're in the middle of a pandemic our legal standard of what is appropriate and what is determined to be negligence, takes into account what is appropriate during a pandemic," he said.
But Knapp says the circumstances inside nursing homes and ALF's right now are extremely challenging and require unique protections. She cited two examples. First, she said nursing homes in Broward County are being told to keep residents in their rooms. She said residents who are at risk for falling need special protection that cannot be afforded at this time. She also gave an example of Alzheimer's patients who do not want to wear masks. She suggested it's inappropriate to blame nursing home of ALF workers for anything that may happen to those patients while the pandemic rages.
Knapp also said their request does not excuse cases of gross negligence.
"Our request doesn't exempt gross negligence or misconduct," she said. "We're not asking for someone to be excused."
But attorney Friedland says gross negligence is an extremely high legal standard.
"That legal standard is so high that it is virtually impossible to be met," he said.
Friedland sees the request as the nursing home industry trying to use the pandemic as a way to get special treatment.
"We're talking about a protection for an industry that is seeking blanket immunity for what amounts to negligence and that, in my opinion even in the context of the legislation nationally, is unprecedented," he said.
The Curren's want justice for Richard's death and they fear a blanket ban on lawsuits could prevent that.
"There would be no justice," said Sheila Curren, Richard's wife. "I would just be left furious as would anyone else in this situation."
The governor has not yet decided on the legal immunity request.
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