COVID-19 immunity Archives - Medical Malpractice Lawyers

Michigan Appellate Court Holds COVID-19 Immunity Does Not Apply Where No Nexus Between Pandemic And Alleged Negligence

October 20, 2026

The State of Michigan Court of Appeals held in its published Opinion dated July 27, 2026 “there must be a connection between pandemic-related services and the services that resulted in the alleged negligence … Apart from the temporal relationship between plaintiff’s claims and the time[...]

Wisconsin Supreme Court Holds COVID-19 Health Care Provider Immunity Statute Constitutional

June 3, 2026

On March 12, 2020, in response to the COVID-19 pandemic, Wisconsin Governor Tony Evers declared a state of emergency. About a month later, the Wisconsin legislature passed and the governor signed into law 2019 WisconsinAct 185, which created WIS. STAT. § 895.4801. This statute provides immunity for[...]

Maryland Appellate Court Affirms Hospital’s Immunity From Medical Malpractice Claim Arising During COVID-19 Pandemic

May 15, 2026

In its published Opinion filed on May 4, 2026, the Appellate Court of Maryland affirmed that a hospital was entitled to immunity for medical malpractice claims arising during the COVID-19 pandemic. Background Facts James Smith, Jr. suffered a serious deep tissue injury while hospitalized during Apri[...]

Indiana Supreme Court Extends COVID-19 Immunity To Hospital Bed Sore Claim

May 2, 2026

In response to the COVID-19 pandemic, Indiana and federal governments declared a state of emergency to prevent the spread of the virus. To protect healthcare workers at the frontlines, the Indiana legislature enacted statutes to immunize them from civil liability in certain cases where a patient’s[...]

Iowa Supreme Court Upholds COVID-19 Immunity In Claim Against Nursing home

March 17, 2026

Cognizant of the potential liability arising out of the COVID-19 pandemic, the Iowa General Assembly passed the “COVID-19 Response and Back-to-Business Limited Liability Act.” 2020 Iowa Acts ch. 1070, §§ 3–10 (codified at Iowa Code chapter 686D (2021)). Among other things, the Act provides t[...]

New York Appellate Court Holds Nursing Home Not Entitled To Covid-19 Immunity

February 6, 2026

Plaintiff, as Administratrix of the estate of the decedent, alleged that on April 9, 2020, decedent was infected with Covid-19 and developed distress and hypoxia, which resulted in her death almost a year later. Plaintiff alleged that defendant’s nursing home facility was negligent and grossly[...]

Arizona Supreme Court Rules COVID-19 Immunity Statute Unconstitutional

October 29, 2025

The Supreme Court of the State of Arizona stated in its September 12, 2025 Opinion: “This case requires us to determine whether A.R.S. § 12-516(A) violates the Arizona Constitution’s anti-abrogation clause by barring claimsfor ordinary negligence but allowing claims for wilful misconduct or[...]

Georgia Appellate Court Rules Hospital Entitled To COVID-19 Immunity In Medication Malpractice Case

May 6, 2025

Gregory Turner was admitted to Kennestone Hospital (“Hospital”) where he was diagnosed with COVID-19 on November 7, 2021. As part of his treatment, he was prescribed anticoagulants, including the medication Heparin, on November 15, 2021. The medication was ordered at 7:53 a.m., and an in[...]

Illinois Supreme Court Extends COVID-19 Immunity To Nursing Home Ordinary Negligence Claims

October 21, 2024

The Illinois Emergency Management Agency Act (“Act”) (20 ILCS 3305/7 (West 2020)) Section 21(c) states: “Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the State, or any poli[...]

North Carolina Appellate Court Holds COVID-19 Immunity Statute Did Not Preclude Medical Malpractice Claim

June 28, 2024

Background Doris Griffin Land was diagnosed with a high-grade squamous intraepithelial lesion in early 2020, which was at high risk of turning into cervical cancer. Mrs. Land’s health care providers ultimately determined that a total vaginal hysterectomy (“TVH”) was necessary. On June 29, 2020[...]

Connecticut Supreme Court Denies COVID-19 Immunity To Nursing Home Defendants

August 10, 2023

Court Denies COVID-19 Immunity To Nursing Home Defendants: On March 10, 2020, Connecticut Governor Ned Lamont issued a declaration of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the state of Connecticut as a result of COVID-19. Then, on April 5, 2020[...]

Tag: COVID-19 immunity