Richard Bell, California, Kobe discussed on San Diego's Morning News with Ted and LaDona


Eighteen states have granted nursing homes and other long term care facilities some legal immunity related to the pandemic with another ten states close to providing similar protections joining us on the company's lifeline attorney Richard bell thank you for joining us thank you for inviting me so why are nursing homes getting legal immunity amid all this well very simply because for profit nursing homes want their business is protected from lawsuits even when nursing home negligence causes the Kobe death and what happens when you give lawsuit protection to wrongdoers like nursing homes in this case you encourage the wrongdoing and you give them a free pass to be negligent okay what is legal immunity actually cover and how does it differ from state to state sure okay California does not have it at this point it's being discussed but it's now up to nineteen states that have some form of you know what it means is that if your loved one died from Kobe did you think it was because of some negligence by the nursing home the nursing home is now protected and you can not sue them you cannot be successful in a lawsuit against them they have community are legal protection from a lawsuit how do you prove gross negligence during a pandemic right so gross negligence is one of the exceptions that most of these new laws have and gross negligence is a very high standard it's it's basically it's a reckless disregard for the safety so some of the things that you might be able to prove is that there was a long term infection control program that wasn't being followed or a long term that he the nurses weren't following the proper procedures of the home attendance but you basically have to prove they were reckless and that is a that's a very high standard it's going to be more difficult because families aren't there to be witnesses right now and ask the kids aren't allowed in state inspections are being done right now so it's going to be an extremely high standard to prove if you're in a state that has that immunity statute that was gonna be my next question is if there are no visitors allowed and it you know you're you're trying to prove this it seems like it would be very difficult so what are some of the things that you should always keep records of an document okay so record keeping is very difficult right now for families unless they have some kind of Skype in the least they're seen them the records of the facilities we don't know what's really going on in there right now so we don't know how lax it's going to be my best suggestion this isn't just a full legal advice this is actually advice for anyone who has someone in.

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