Related Experiment Video
Updated: Jun 3, 2026
08:52
Evaluation of Host-Pathogen Responses and Vaccine Efficacy in Mice
Published on: February 22, 2019
Tort Immunity and Nursing Home Staffing
Jill R Horwitz1,2, Neil S Wenger3, David P Powell4
1Northwestern University Pritzker School of Law and Feinberg School of Medicine, Chicago, Illinois.
JAMA Health Forum
|June 1, 2026
Summary
Nursing home tort immunity laws during COVID-19 were linked to reduced staffing. Facilities with immunity showed fewer overall and certified nursing assistant hours per patient, impacting care quality.
Area of Science:
- Healthcare Law
- Public Health Policy
- Geriatric Care
Background:
- Medical malpractice law aims to ensure care quality by deterring negligence.
- Previous research shows mixed results on liability exposure and treatment quality.
- COVID-19 pandemic led to widespread tort liability immunity for US nursing homes.
Purpose of the Study:
- To investigate the association between tort liability immunity and nursing home staffing levels.
- To analyze the impact of state-level immunity laws on workforce allocation in nursing homes.
Main Methods:
- A difference-in-differences cohort study design was employed.
- Data from 13,205 US nursing homes (2018-2023) were analyzed.
- Staffing data were sourced from Centers for Medicare & Medicaid Services and Payroll Based Journal.
Main Results:
- Approximately 80% of US states enacted tort immunity for nursing homes during the pandemic.
- Nursing homes in states with immunity had a 2.5 pp reduction in overall daily staffing hours.
- A significant decrease in certified nursing assistant hours per patient was observed in facilities with immunity.
Conclusions:
- Tort liability immunity in US nursing homes was associated with decreased overall staffing and staff-to-resident time.
- The findings suggest potential implications for the quality of care provided.
- Further research is needed to understand the long-term effects on patient outcomes.
Related Concept Videos
01:14Torts I
Torts in nursing are wrongful acts that can harm patients and potentially lead to civil liability for the involved nurse. These wrongful acts range from unintentional errors to deliberate actions. Depending on the nature and severity of the tort, a nurse found liable may face financial penalties or disciplinary actions. Understanding the distinctions between intentional, quasi-intentional, and unintentional torts is crucial for nurses to mitigate risks and provide safe patient care.
Intentional...
Intentional...
01:13Torts II
Intentional torts in healthcare refer to deliberate actions that cause harm or infringe on the rights of others. Understanding these torts is crucial for healthcare professionals to avoid legal liabilities and maintain ethical standards in patient care.
01:16Nurses' Legal Responsibilities III
Nurse-to-nurse relationships are legally required to adhere to professional standards, ensuring a respectful and positive working environment. Professional conduct demands that nurses treat all colleagues respectfully and courteously, fostering a productive, supportive workplace. Nurses must actively eliminate bullying, discrimination, and harassment to maintain a safe and inclusive environment.
Cultivating a culture of collaboration and mutual respect among nurses transcends mere enhancement...
Cultivating a culture of collaboration and mutual respect among nurses transcends mere enhancement...
01:23Nurses' Legal Responsibilities II
Establishing a secure, collaborative nurse-patient relationship is crucial for delivering high-quality care. This relationship, founded on trust, respect, and honesty, enhances the patient's comfort and willingness to share vital health information. For example, a nurse who listens actively and without judgment provides clear information about health conditions and treatment options and respects patient decisions, which builds a trusting relationship.
Communication between nurses and patients...
Communication between nurses and patients...
01:27Nurses' Legal Responsibilities I
In healthcare, informed consent is a crucial process that involves thoroughly communicating medical treatment options to patients, including benefits, risks, potential side effects, and alternatives. This process enables patients to make well-informed decisions about their care, ensuring they understand the implications of their choices before consenting to or refusing treatment.
The legal responsibilities of a nurse regarding informed consent include the following:
The legal responsibilities of a nurse regarding informed consent include the following:
01:22Standards of Care I
Federal statutes profoundly impact nursing practice, providing critical guidelines to ensure patient care is equitable, accessible, and of the highest quality. The following laws address distinct aspects of healthcare provision and patient rights: