Big Business Coronavirus Lawsuit Immunity | The Stay-Out-of-the-Courthouse Demand
- April 27, 2020 - Community, Coronavirus Liability,
We’ve seen, if not experienced, protests. They have a particular cadence. “What do we want?” (Fill in the demand) “When do we want it? Now!”
So, six weeks into Governor Newsome’s statewide shelter order we’re seeing protests. Thousands of people protesting stay-at-home coronavirus restrictions. What we don’t see are, but only hear a little about, are the multi-billion-dollar industries seeking new coronavirus restrictions – restrictions against people who may have been civilly wronged during the pandemic.
California nursing homes and the California Assisted Living Association want restrictions from any administrative sanction or criminal or civil liability for any injury or death or loss allegedly resulting from their acts treating COVID-19 patients. And, just who would be restricted?
Any people suffering injury, death or loss allegedly resulting from the acts of a nursing home or assisted living facility treating COVID-19 patients. This sounds like one new form of elder abuse. And, when do they want it? Now. And, who do they want it from? Governor Newsom.
Their desired immunity is basically an extended stay-out-of-the courthouse order. Big business, big insurance and big financial interests won’t have to stay out of the courthouse – just the families of a deceased elderly resident of a nursing home or assisted living facility.
Big business might ask – “isn’t that a small price to pay for giving businesses certainty that they won’t be sued for any injury linked to the coronavirus?” Ask the ten families who lost their loved ones in a Peninsula facility? Or the dozen families grieving over their relatives’ deaths at an East Bay long-term care facility. Or the hundreds of other families up and down they state whose deceased father or mother were residents in a nursing home or assisted facility?
Elderly people are most at risk from this pandemic. And, there is little question that oversight of congregate care facilities is often inadequate. Now, these for-profit nursing homes and assisted living facilities would take away any legal recourse for families who wish to hold these facilities accountable for their actions or inactions.
They want any claims of substandard care, abuse or neglect to stay out of the courthouse. This is a bad idea for elders – a bad idea for families. And, a bad idea for California.
I’m speaking out on this because I’ve spoken out before about the need to protect seniors from abuse. I wrote The Wolf at the Door: Undue Influence and Elder Financial Abuse. The book has been well covered in the national, regional and local press and media.
My law firm, Hackard Law, takes significant California cases where we think that we can make a substantial difference. Call us at Hackard Law 916 313-3030 if you’d like to speak with us about your case. Or, you can email us at .
Attorney Michael Hackard
Michael Hackard is a top rated “AV” for over 20 years (“AV Preeminent is a significant rating accomplishment- a testament to the fact that a lawyer’s peers rank him or her at the highest level of professional excellence.”). Avvo also ranks him with their highest rating – “ 10.0 Rating – ‘Superb.’” Michael is also a “SuperLawyer” – an honor reserved for no more than five percent of attorneys in each state. [ Attorney Bio ]
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