New York Executive Order 202.10- Full Text.
There are misconceptions about this Executive Order. Some allege that it gives blanket immunity to all medical professionals in New York. It’s become an echo chamber of misinformation.
I heard this misconception again today in a Zoom meeting with Rebecca Charles. The gentleman said that one of the reasons that the District Attorney of Nassau County, New York did not pursue a criminal investigation of medical professionals at Northwell Health was because an Executive Order of Governor Cuomo gave “blanket immunity” to medical professionals.
First, the Office of the District Attorney of Nassau County did not use Executive Order 210.10 as a basis for not pursuing a criminal investigation. Second, Executive Order 210.10 does not provide blanket immunity to medical professionals.
The Office of the District Attorney of Nassau County replied to Rebecca Charles that she did not prove her case beyond a reasonable doubt to them. This is a ridiculous position, as it is not Rebecca’s job to prove a homicide beyond a reasonable doubt to their Office. It is the job of the Office of the DA to investigate the allegations, and if evidence is sufficient, to bring criminal charges. Only a Jury can decide proof beyond a reasonable doubt.
“For our office to prosecute a case in the criminal justice system, it is necessary that we have proof beyond a reasonable doubt that a particular offense was committed and that the subject committed it.”
Again, the Office of DA said nothing about Immunity under Executive Order 210.10. Further, the Office said “There are other non-criminal remedies that may be employed to recover money damages and or property. These non-criminal remedies do not require that you have proof beyond a reasonable doubt, but rather proof by a preponderance of the evidence, a lesser burden.”
The Office of the District Attorney of Nassau County is clearly referring to a lawsuit as a remedy. The standard “preponderance of the evidence” is used in civil cases. So yes, you can sue despite Executive Order 210.10. There is a clause in it that says you can sue if the death or injury was caused by “gross negligence.”
“Subdivision 2 of Section 6527, Section 6545, and Subdivision (1) of Section 6909 of the Education Law, to the extent necessary to provide that all physicians, physician assistants, specialist assistants, nurse practitioners, licensed registered professional nurses and licensed practical nurses shall be immune from civil liabilty 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 in support of the State’s response to the COVID-19 outbreak, unless it is established that such injury or death was caused by the gross negligence of a medical professional.”
FULL TEXT
Charles Wright
praying for Ms Charles and the justices she deserves
Here (TX) an indictment means the grand jury (prompted by the DA) found that there is probable cause that the defendant committed the criminal offense. In my experience, the DA’s don’t advise a victim about the burden of proof in a civil case. If they don’t think there’s probable cause, they’ll decline it and not present it to the grand jury. Weasel words in this instance.