The FHCA Asks for Negligence Immunity During COVID-19

In early April, the Florida Health Care Association (FHCA) sent a letter to Governor Ron DeSantis asking for conditional immunity against liability for organizations providing COVID-19 related treatment. While granting this protection may allow Florida nursing homes, long-term care facilities, and health professionals to make hard decisions in a difficult time, filling this request could come at the cost of your loved one’s safety.

The FHCA represents 600 of the 700 long-term care facilities in Florida, and their request for conditional protections from criminal and civil liability claims may jeopardize the lives of many residents and elders across the state.

Immunity Conditions Asked for by the FHCA

A letter sent on April 3, 2020 by the FHCA Executive Director asked for immunity from liability claims in cases where harm or damages resulted from an action or lack of care related to treating COVID-19. The letter specifies that immunity should be granted under some conditions, including ones where an action or lack of service was provided in good faith.

Additionally, the FHCA director notes that immunity is not being requested in cases where an intentional criminal act occurred. This includes harm or damages resulting from gross negligence, reckless misconduct, or intentional harm.

COVID-19 in Florida Long-Term Care Facilities

This request comes at a time where nearly 1,000 Coronavirus cases have been confirmed in over 90 Florida long-term care facilities. Moreover, there are currently no regulations requiring facilities to inform families whenever a resident or employee has tested positive for COVID-19. Similarly, the Department of Health is currently not disclosing which facilities have confirmed cases of COVID-19.

Contact a Nursing Home Abuse Lawyer Today to Hold Care Facilities Accountable for Negligence

The experienced nursing home abuse lawyers at Domnick Cunningham & Whalen believe that protections against elder care negligence should never be compromised. Even in a pandemic, our elderly loved ones should be protected against abuse and deserve the best care available. Whenever a healthcare worker fails to provide care or gives poor treatment, they should be held accountable.

If you suspect that your loved one may be the victim of elder abuse, an experienced attorney could advise you of your rights and guide you through the claims process. Our knowledgeable legal team could defend your family’s rights and bring accountable parties to justice. Contact us today for a case consultation.