Skip to Main Content
Services Talent Knowledge
Site Search
Menu

Alert

Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

March 25, 2020

COVID-19: New NYS Executive Order Limits Medical Professionals' Civil Liability

On Monday, Governor Andrew Cuomo issued Executive Order 202.10, outlining directives for potential civil liability faced by medical professionals related to COVID-19 medical treatment. These directives follow Executive Order 202, which was published on March 7 and declared a NYS disaster emergency in response to the COVID-19 pandemic. Order 202.10 modifies Education Law §§ 6527(2), 6545, and 6909(1) to the extent necessary to grant medical professionals immunity from civil liability arising out of treatment related COVID-19 unless it is established that the civil liability amounts to gross negligence. 

The order notably enumerates the following medical professionals as immune from ordinary negligence: 

  • Physicians
  • Physician assistants
  • Specialist assistants
  • Nurse practitioners
  • Licensed registered professional nurses
  • Licensed practical nurses

This qualified immunity extends to any injury or death alleged to have been sustained as a result of any act or omission on the part of a medical professional. 

As discussed in an earlier legal alert from our health care attorneys, the order also modifies associated provisions of the Education Law, Public Health Law, and the NY Codes, Rules, and Regulations and relaxes supervisory, licensing, and recordkeeping mandates. Medical professionals are similarly granted immunity from civil or criminal liability related to these modifications.

The application of these directives remains to be seen. It is anticipated, however, that the immunity granted by this order will be challenged in future medical malpractice litigation. Executive Order 202.10 is in effect until April 22. 

Barclay Damon’s professional liability and torts and products liability defense attorneys will monitor extensions and further modifications to this order and remain prepared to assist clients with legal changes ushered in by the COVID-19 outbreak.

If you have any questions regarding the content of this alert, please contact Jessica Tariq, associate, at jtariq@barclaydamon.com or another member of the firm’s Professional Liability or Torts & Products Liability Defense Practice Areas.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

NYS Health and Mental Hygiene Budget Legislation Summary

Alerts

NYS Legislature Passes Legislation to Reopen the CDPAP Fiscal Intermediary Procurement Process

Alerts

Pennsylvania State Court Grants Summary Judgment to Dental Practice Against Insurer for COVID-19 Business Interruption Coverage

Alerts

Unpacking the Impact of the Newly Effective Information Blocking Rule

Alerts

Second Circuit Court of Appeals Certifies Questions Regarding Damages for Improper Judgment Enforcement to New York Court of Appeals

Alerts

NYS Governor Cuomo Signs Bill to Fully Repeal Immunity for Certain Health Care Providers and Facilities

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out