The COVID-19 liability immunity legislation passed the House this week. It was then passed to Florida Governor Ron DeSantis, who signed the bill into law. Source.
The new legislation, which is now in full effect, provides broad immunities to certain businesses related to the effects of the pandemic, including nursing homes. The Florida Justice Association made multiple attempts to limit and minimize the negative impacts of the bill on individuals, when it was first introduced and throughout the process as the bill moved through the Florida Senate and House. However, their efforts were rebuffed every step of the way.
The legislation, which is now in effect, essentially grants nursing homes immunity from COVID-19 related lawsuits by making it far more difficult to bring the claims. According to the new legislation, a COVID-19 related claim or lawsuit is “any claim for civil liability arising from COVID-19”. This includes nursing home claims. Additionally, the statute of limitations for filing these claims has been reduced to one year, and “requires a plaintiff in COVID-19 claims against healthcare providers and nursing homes to prove gross negligence or intentional misconduct and outlines affirmative defenses that if proven would immunize defendants.”
This new legislation is cause for great concern if your loved one is suffering from nursing home abuse or neglect at this time. In addition to the overall concern for the health and safety of your loved one, there is now the additional worry as to whether the nursing home will be able to classify your loved one’s case as related to COVID-19, and therefore receive immunity.
The personal injury attorneys at Beltz & Beltz represent the victims of nursing home abuse in the state of Florida and will work hard to help get your family justice. If your loved one has suffered from nursing home abuse, it is important that you remove them from the nursing home where the abuse is taking place, and contact our office. Our team of experienced personal injury attorneys will fight to help get your loved one the justice they deserve.
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