08/21/2026
A Brooklyn court dismissed a pandemic-era malpractice claim under New York's EDTPA, ruling that injuries caused by COVID-era staffing and resource shortages don't rise to the level of "gross negligence" required to pierce hospital immunity. This decision underscores just how difficult it remains to hold facilities liable for care provided during the height of the crisis.
Do you think pandemic-era immunity protections struck the right balance between hospitals and patients?