Patient’s Kin Resist Dismissal of N.Y. Nursing Home Death Suit

June 15, 2021, 7:31 PM

A New York nursing home’s reliance on a state-law immunity provision to dismiss a wrongful death lawsuit is misplaced because it didn’t show how the coronavirus pandemic or its response affected the decedent’s care, the patient’s estate said.

A health-care provider isn’t entitled to immunity based merely on the fact that its response to the coronavirus pandemic affected the care it offered to patients in general, the patient’s estate said.

The estate based its argument on the first—and so far only—state court decision interpreting New York Public Health Law Section 3082’s immunity provision.

Vivian Rivera-Zayas, as the administrator of Ana ...

To read the full article log in.

Learn more about a Bloomberg Law subscription.