After an initial lawsuit was filed by a family of a resident who died from COVID-19 in an Oregon nursing home, five more families filed wrongful death lawsuits alleging abuse and negligence.
According to the lawsuit, on April 1, 2020, after several residents tested positive for COVID-19, the facility communicated to residents and their families that they were doing “everything humanly possible to control the spread of this disease.”
The nursing home’s license was suspended by the Oregon Department of Human Services in May after 117 residents contracted COVID-19 and 28 deaths linked to the pandemic occurred.
The residents ranged in age from 59 to 90 and were in the facility for a variety of reasons. Most of the claims are related to the facility’s failure to keep the families advised in a timely manner regarding residents’ COVID-19 status and failure of infection control practices to prevent residents from contracting the Coronavirus. Some staff members allegedly reported that the conditions inside the facility were not good.
The families are seeking a combined $10.8 million.
Compliance Perspective
Failure to effectively control the spread of the COVID-19 infection and failure to follow CMS guidelines for initial and continuing communication with residents, families, and representatives of confirmed and suspected cases of COVID-19 may result in the facility’s license being suspended, wrongful death lawsuits claiming abuse and negligence, and citations for substandard quality of care that violates state and federal regulations.
Discussion Points:
- Review policies and procedures to ensure that the facility’s Infection Control Plan meets all guidelines, including communication with residents, families, and representatives regarding COVID-19 information.
- Train staff regarding the Infection Control Plan’s protocols for isolating residents who have contracted COVID-19 from non-infected residents, maintaining consistent assignments for employees caring for COVID-19 positive residents, and following sanitary requirements regarding hand hygiene and wearing of PPE.
- Periodically audit to ensure that residents, families, and representatives are kept aware of the spread of COVID-19 on a timely basis and how the facility is working to mitigate and control the effects of the outbreak.
