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New York State Has Repealed COVID-19 Immunity from Liability Provisions Adopted in Emergency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

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Jeff Korek

Jeff S. Korek

Senior Trial Partner​

Jeff S. Korek joined Gersowitz Libo & Korek, P.C. in 1992 as the Senior Trial partner. Known for his meticulous preparation and dedication to his clients, Jeff has obtained some of the state’s highest verdicts and settlements.