Last��Wednesday, the New York Senate unanimously passed a bill to fully repeal the state’s COVID-19 nursing home and hospital immunity provisions. “We’re going back to normal, standard liability where patients and nursing home residents and families have their rights restored,”��said Assemblyman Ron Kim, sponsor of the repeal bill.

While legislators back the bill, hospital associations and healthcare providers fear a surge in malpractice suits since the pandemic is still claiming lives daily and reporting daily cases remain in the thousands.

The next step is for the bill to be signed into law by Governor Cuomo, however with a Democratic supermajority in the Senate and Assembly, they have the power to override a veto.

The bill does not apply retroactively to past cases, however it will return the right to victims and families to pursue legal action for COVID-related negligence in the future. If you or someone you know suspects an institution or provider of negligence, contact Langsam Law to review the circumstances and timeline. There may still be a possibility to seek legal recourse.

This unprecedented ruling was intended to give healthcare professionals the ability to assist with the overburdening of hospitals during COVID-19 without the risk of being held liable for acts or omissions made in good faith. As New York gained control over the pandemic, though, the law came under scrutiny due to its sweeping nature. As written, the immunity clause protected healthcare workers from medical malpractice law suits that had nothing to due with COVID-19 and did not even take place in a facility that was treating the virus.

At the beginning of November, Governor Cuomo signed Senate Bill 8835, rolling back the blanket protections for healthcare workers and facilities that were not involved in the direct diagnosis, treatment, assessment, or care of COVID-19. The law went into effect immediately.

For nearly five months, from March 7 to August 3, patients and their families who fell victim to negligence unrelated to the pandemic had no legal recourse. This law is now lifted, freeing injured parties to seek compensation for medical negligence. While the law specifically includes measures that still protect facilities and professionals in COVID-19-related matters, law suits are testing exactly how far that will go. For example, could the family of a nursing home resident who contracted COVID-19 at the facility and died as a result be entitled to compensation due to gross negligence on the behalf of the facility or one of its workers, even though COVID-19 was the cause of death? These cases will be up to the courts to decide. As yet, it is too early to arrive at a precedent, however all cases should be considered.

If you have a question about whether a situation you consider to be medically negligent is pursuable under the law, contact Langsam Law for a complimentary consultation.

New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

While hygiene issues abound in nail salons, some of the beauty secrets that have emerged on the market more recently carry even greater dangers. Botox, for example, is made from botulinum, the most acutely lethal toxin known to man and the bacteria that causes botulism, a deadly disease. Colon cleansing can cause serious conditions including pancreatitis, bowel perforation, and heart failure. IV lounge patrons could suffer an immediate stroke if the medical assistants or phlebotomist improperly inserts their IV, causing an air embolism.��

In many of these situations, especially those where treatments are administered by or under the supervision of a medical professional, you may have to sign a waiver. Regardless, if you have suffered pain, sickness, or disfiguration from a beauty or wellness endeavor that went awry, the provider may be liable. Even if you did sign a waiver, it is wise to speak with an attorney. You may be able to recover damages for medical bills, pain and suffering, and lost wages. You may also be able to put a stop to reckless conditions that could put other patrons at risk in the future.

The bill is named after Lavern Wilkinson of Brooklyn, who died in 2013 of a curable form of cancer after being misdiagnosed at a Kings County Hospital. By the time she received an accurate diagnosis, her cancer was incurable, and she left a 15-year-old autistic child behind.

This type of “date of discovery” law is in place in 45 of 50 states, yet Lavern’s law was scaled back to only include cancer, not all forms of misdiagnosis or mistreatment, as originally written. However, unlike most other states, New York does not put a monetary cap on pain and suffering, making the bill very controversial for the medical field.

Although the extension to 2 ½ years from discovery is a win for victims, it is still important to contact an attorney as soon as possible in the case of misdiagnosis so legal proceedings can take place in time to provide financial compensation to the patient.

Photo: New York State Capitol in Albany Matt H. Wade/Wiki

After more than three dozen years representing victims and families in personal injury cases, I am still surprised to hear how many people stay with attorneys they are unhappy with because they think a change in representation will cost them more money or will reflect poorly on their case. In truth, a plaintiff is entitled to change lawyers as often as they see fit, and where contingency circumstances apply, such as in personal injury, the fee remains a set percentage of the awarded amount, regardless of how many lawyers argue the case. (This is generally one-third of the recovery in personal injury cases and a sliding scale in medical malpractice cases.) This should not be a stress point for the already-suffering party—the attorneys will negotiate among themselves how the contingency fee will be divided, and it will not affect the client’s share of the recovery.

A functional attorney/client match is very important, especially when it comes to personal injury, where emotions run deep. Dissatisfaction can be attributable to a number of factors—perhaps the firm’s protocol is to have clients deal with paralegals, and face-time with attorneys is limited; there may be a language barrier; it may seem that the attorney is giving the case low priority; or perhaps there is a simple clash of personalities. For any of these reasons, it would be advisable to interview other possibilities for representation. My advice: be candid about your issues and your expectations. You have a voice in the matter!

Case Study

A woman whose 6-year-old son was killed by a tow truck was in a situation where she was dissatisfied with her representation. Her case had been dragging on for two years, and she was never able to communicate directly with her attorney because he did not speak Spanish. She was referred to Langsam Law, was able to speak with attorney ߣ�ѿ�Ƭ directly in her native language, and Langsam Law ended up settling the case for $3 million. Langsam Law negotiated the contingency fee with the original lawyer, without the client having to worry.

Note: Prior results do not guarantee similar results.��

Elder abuse can be a result of negligence and/or medical malpractice, and studies from state Adult Protective Services agencies show an increasing trend in elder abuse reports. Yet many incidents go unreported—the New York State Elder Abuse Prevalence Study found that for every case known to programs and agencies, 24 were unknown.

If you are aware of an incident where an elder experienced any sort of emotional or physical trauma or financial exploitation when in the care of a nursing home or other caregiver, please say something. In addition to providing our elders financial reparations for their hardships and empowering them to remove themselves from abusive situations, calling attention to elder abuse will help aging generations to come.

By 2050, people aged 65 and over are expected to comprise 20% of the population, and there will be an estimated 19 million people aged 85 or older. Putting a spotlight on nursing home neglect will help ensure our elders get the care they need.

Case Study: Medical Malpractice/Negligence Hybrid Case

Langsam Law settled a case for a woman who was injured upon falling out of bed at her nursing home. An expert assessment revealed that, due to the woman’s medical condition, she should have been provided bed rails for protection. The initial failure of the nursing home to properly assess her condition constituted medical malpractice, while the failure to provide her with bed rails constituted negligence.

Case Study: Negligence

In another instance, a woman who had been diagnosed as needing ambulatory assistance had repeatedly rung her bell for an attendant to help her to the bathroom. When no attendant came, she attempted to get to the restroom herself and fell. Langsam Law settled this negligence case with the nursing home.

Note: Prior results do not guarantee similar results.