Healthcare professionals in New York were recently granted qualified immunity from civil lawsuits for any injury or death alleged to have been sustained directly as a result of an act or omission by such medical professional in the course of providing medical services, pursuant to the state’s response to the COVID-19 outbreak, by issuance of an executive order from New York Governor Andrew Cuomo, on March 24, 2020. The order directs that an action against healthcare professions providing medical services in response to the outbreak can only be maintained if gross negligence is established, a higher standard than traditional malpractice and general negligence claims. The executive order grants immunity to all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses, and license practice nurses and modifies § 6527(2); § 6545 and § 6909(1) of New York's Education Law.
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