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Petition to Governor Roy Cooper, Thom Tillis, Richard Burr, Dan Bishop

REPEAL Senate Bill 704 § 90-21​.​133!

REPEAL Senate Bill 704 § 90-21.133 Let’s talk about the pandemic relief bills! I am sad to say that it took my mother’s death to realize the legislation the General Assembly passed under our noses. Senate Bill 704 § 90-21.133signed on March 10th by Governor Roy Cooper (NC) made it impossible for families with cases of medical malpractice to receive the justice they deserve.   The right to petition the government for redress of grievances include the right to file suit in a court of law.   "Nursing homes, hospitals and other health care facilities were granted a broad legal shield to fend off lawsuits and criminal prosecutions over care provided to all patients during the pandemic in an April state budget provision".   Subsection (b) of SB704 states “this immunity from any civil liability provided in subsection (a) of this section does not apply if the harm or damages were caused by an act or omission constituting gross negligence, reckless misconduct or intentional infliction of harm by the healthcare facility or healthcare provider providing healthcare services; provided that the acts, omissions, or decisions resulting from a resource or staffing shortage shall be considered to be gross negligence, reckless misconduct, or intentional inflection of harm”.   On Friday July 17, 2020 my mother was residing at Pavilion at Brightmore/ Liberty Healthcare and Rehabilitation Services Healthcare in (Ballentyne area) Charlotte NC.  She died because they failed to treat a simple UTI, which led to sepsis and septic shock. Additionally, my mother arrived at the hospital with horrible open sores (pictures will be displayed at a later date). Her condition is clearly due to the negligence of the facility, but we are unable to seek justice due to NC Senate Bill 704 § 90-21.133. This is a social injustice.   Unfortunately, the laws intention is to protect healthcare workers from patients who had COVID-19, but my mother never tested positive for COVID-19 and failure to obtain a urine sample to test for a UTI resulted in her death.  Even with this fact, I am unable to obtain legal representation. I have been told “no” by over 15 malpractice attorneys who all said normally I would have a case but unfortunately due to these are unfortunate circumstances.  (I will name those law firms at at later date). Attorneys are continuously misinterpreting the order and denying us the representation needed to seek justice.   I know I am not the only one experiencing this misfortune. Please, if you know of any families that are dealing with nursing homes make them aware. Explicit pictures are linked on the website. Please contact me at Repost our website: Use hashtags #justiceforselena #ban704 Please join the fight to REPEAL Senate Bill 704 § 90-21.133 in North Carolina and in many other states below with the same regulations:   • Wisconsin• Georgia, Michigan (includes long term facilities protections). • Connecticut, Mississippi, Vermont, Virginia, North Carolina (All patients regardless of COVID-19 and includes lack of resources protections).• New York (Please research as of Aug 4th no longer) Some families were affected before. • Illinois (may find attorney) • Arkansas• Kansas, Rhode Island and Utah (protection only if the patient has coronavirus)• Massachusetts, Kentucky   Thanks for the support. Be on the look out for more details.

Meeka Clark
104 supporters