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New York State Has Repealed COVID-19 Immunity from Liability Provisions Adopted in Emergency

On April 6th, Governor Cuomo signed into law Chapter 96 of the Laws of 2021. This law totally repeals the health care facility and provider COVID-19 immunity from liability provisions adopted in April 2020 as part of the Emergency or Disaster Treatment Protection Act (Public Health Law §§ 3080-82). This new law prevents defendants in cases involving nursing home abuse or medical malpractice departure to avail themselves of immunity if the events occurred after April 6, 2021.

Without the statutory protection, nursing homes and medical providers must be extra cautious with regard to the impact COVID-19 may have on the services they provide to their patients and residents. If they fail to take COVID-19 issues into account when providing services, they can face serious civil and possibly criminal liability. This is particularly true given the enforcement and regulatory climate currently in the State of New York.

About Attorney Jeff S. Korek

Jeff s KorekNew York medical malpractice attorney Jeff S. Korek is one of the country’s premier trial attorneys. Mr. Korek concentrates his practice on medical malpractice cases, as well as other types of personal injury cases including construction accidents, toxic landfills and medical negligence. With over 35 years of experience, Mr. Korek has a history of successful litigation and monumental settlements during his partnership tenure at Gersowitz Libo & Korek, P.C.

Mr. Korek’s successful track record has earned him 15 consecutive years, since 2006, as a New York Super Lawyers, Best Lawyer in America, the Best Lawyers 2016 Lawyer of the Year for plaintiff’s personal injury and 2020 Lawyer of the Year for plaintiff’s medical malpractice in New York City. In fact, Mr. Korek serves on the Best Lawyers Advisory Board.

New York medical malpractice attorney Korek is a past president of the New York State Trial Lawyers Association and a past president of the New York City Chapter of the American Board of Trial Advocates. He was appointed by five consecutive Presiding Justices of the Supreme Court, Appellate Division, Second Department, to the Committees on Character and Fitness.

Contact a New York Medical Malpractice Lawyer

At Gersowitz Libo & Korek, P.C., our New York medical malpractice attorneys have the knowledge, experience and resources to successfully pursue all types of medical malpractice cases.

If you or a loved one has suffered injury as a result of the negligent actions of a health care professional, please call Gersowitz Libo & Korek, P.C. at 212-385-4410 to schedule a complimentary consultation with a New York medical malpractice attorney today.

Client Testimonials

La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
Hazel M.
Jeff and Michael are both very professional and helpful towards my case. I would like to thank the team and Irene, the assistant, for all their help despite the length of time that the case took. They took a lot of care and were patient with... answering any inquiries that I had.read more
Cindy C.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
Lindsay L.
I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
Jeremy N.
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