A provision included in a COVID-19 relief bill passed by the North Carolina General Assembly last year might provide a Charlotte assisted living and memory care community and its parent company immunity from liability for a resident’s death during the pandemic.
According to court records, the resident’s children allege that the staff at Brighton Gardens of Charlotte failed last September to give their mother medication she was prescribed to help her breathe and alleviate her anxiety in her final hours.
The community and parent company Sunrise Senior Living, however, may be protected by North Carolina Senate Bill 704, which grants healthcare providers and facilities broad immunity from civil liability during the public health crisis. According to the provision, “any healthcare facility, healthcare provider, or entity that has legal responsibility for the acts or omissions of a healthcare care provider shall have immunity from any civil liability for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services.”
Sara Abriatis, Sunrise vice president of corporate marketing and communications, told the McKnight’s Business Daily: “We cannot comment on specific legal matters out of respect for the privacy of our residents and their families. As a general matter, however, we strive to provide the best possible care that we know our residents and families expect from us. We continue to work every day to earn their confidence and trust. We also take concerns about the care and safety of our residents very seriously, and take prompt, appropriate action as needed.”
