NURSING HOME RIGHTS VIOLATIONS

COVID in Nursing Homes

Attendants and caregivers working in nursing homes are on the front lines battling this virus, and put their lives in danger every day they go to work.

Because of close contact between residents and staff, group activities such as dining and socializing and low pay and sick leave for employees that encourages some to ignore symptoms of illness and work at multiple locations, nursing homes were some of communities hardest hit by COVID-19. Because residents are usually extremely high-risk for respiratory infections like COVID-19, safety should be the top priority for nursing homes–but often is neglected for cost-savings reasons.

Sick elderly man of COVID-19 lies in bed at nursing home wearing medical mask while wife takes care of him

BEST PRACTICES

What steps should nursing homes take to protect workers and residents?

Government agencies and industry organizations have issued some best practices that nursing homes should strongly consider following to protect employees, residents and their families during COVID-19 and other infectious illness outbreaks.

Disease-related health and safety regulations are typically passed at the state level. Check with your state’s Department of Health for more details about safety protocols and health regulations nursing homes must follow in addressing COVID-19 infections and re-opening safely.

Elderly woman applying hand sanitizer gel from caregiver to helping protect from coronavirus COVID-19

Best Practices for Preventing the Spread of COVID-19

Staff:

Designate a staff member with infection prevention and control training to implement safety measures
Frequent and accurate reporting of infection statistics and treatment capacity
Train all staff in infection prevention and safety protocols
Require facemasks
Monitor PPE supplies and train staff in proper use of PPE
Use of dedicated medical equipment for all Covid-19 positive or suspected positive residents
Launder all reusable PPE daily

Visitors:

Prohibiting non-essential visitors except in limited compassionate care (end of life) situations
Restricting exposure of residents and employees with essential visitors
Prohibit from entry any individuals showing fever, respiratory symptoms or exposure to COVID-19
Require frequent handwashing and hand sanitizing by all staff and essential visitorsRequire face masks or cloth masks for all visitors
Offer flexible and non-punitive sick leave for all staff
Screen all staff at the beginning of each shift by taking temperature and inquiring about respiratory symptoms and fever

Residents:

Require face masks or cloth masks for residents when outside of their rooms to the extent possible
Set up alternative methods of communication for residents, including video calls and telehealth visits
Make soap, paper towels, hand sanitizer, tissues and garbage cans widely available
All residents in affected units must be monitored at least once a shift
Limitations on large communal gatherings and treatments

Contracting the Virus

For workers:

If you contract the virus while working you may be able to file a workers’ compensation claim. If your employer engaged in extreme negligence, you may be able to file a personal injury lawsuit. We can help you with that.

For residents of care facilities and their relatives:

COVID-19 is a unique and difficult challenge for long-term care facilities and nursing homes; families are anxious for their relatives living in these facilities. Made worse in some cases by the shortage of workers and lack of supplies such as protective equipment, controlling the spread of infectious diseases is a particular challenge for nursing homes. Some facilities were unprepared or responded inappropriately. Of course, once the virus is inside a nursing home, the probability of contaminating everyone in the facility is high, and the mortality rates are heartbreaking. Some facilities have acted reasonably and appropriately–others have not. If you believe you or your loved one is in the second category, please contact us for a confidential and no-charge consultation.

Can I sue a nursing home facility for COVID-19 illness or death?

The nursing home industry has already started lobbying for protection from legal liability for illnesses and deaths stemming from COVID-19. Many states have implemented laws that offer some protection for nursing homes, although the extent of the protection varies from state to state.

The following states have passed laws offering some protection to nursing homes, and more laws are pending:

Alabama, Arizona, Connecticut, Georgia, Hawaii, Illinois, Kentucky, Massachusetts, Michigan, Mississippi, New Jersey, New York, Nevada, North Carolina, Oklahoma, Pennsylvania, Rhode Island, Utah, Vermont, Virginia and Wisconsin

However, if you or a family member live or work in one of these states and have been harmed by COVID-19, you may still be able to recover depending on the extent of negligence at your facility.