A family of a resident who died from COVID-19 has filed a lawsuit with the facility’s owner claiming gross negligence for failing to prevent a COVID-19 outbreak that led to 11 deaths at the Illinois nursing home. The family claims that the facility “consciously disregarded the health and safety of its residents” during the pandemic.
The lawsuit claims that the 72-year-old resident called 911 four times on May 12, 2020. The resident had complained to nursing home staff of shortness of breath, headache, and increased back pain. On May 14, 2020, she was taken to the hospital at the request of her daughter when her shortness of breath worsened and her oxygen levels dropped. Additionally, the nursing home did not notify the family that she had tested positive for COVID-19. The resident died on May 15, 2020.
The lawsuit claims that the resident’s death was a “byproduct of years of the nursing home’s mismanagement, misallocation of resources and staffing, repeated violations, and cited deficiencies of infection control and prevention requirements.” The lawsuit also states that the nursing home disregarded public health protocols by failing to increase the number of beds, properly employ personal protective equipment (PPE), conduct widespread COVID-19 testing for residents or staff, and provide medical care to patients who contracted COVID-19. The lawsuit is seeking in excess of $50,000 in damages.
The owner of the nursing home is pursuing having the case moved to federal court, which would limit the company’s liability to willful misconduct through the Public Readiness and Emergency Preparedness (PREP) Act.
Issue:
As COVID-19 cases continue to surge across the country, it is imperative that staff follow infection prevention protocols. All staff members should adhere to the Core Principles of COVID-19 Infection Prevention. Supervisors and others who have decision making capacity must follow infection control protocols when assessing staff members and know when staff members should be prohibited from working to decrease the spread of infections. The memorandum listing the Core Principles can be accessed at https://www.cms.gov/files/document/qso-20-39-nh.pdf.
Discussion:
- Review policies and procedures to ensure implementation of the Core Principles of COVID-19 Infection Prevention and the effectiveness of the facility’s Infection Prevention and Control Plan.
- Train staff in the Core Principles of COVID-19 Infection Prevention. Document that the training occurred and file the signed training document in each employee’s education file.
- Periodically audit to ensure that the Core Principles of COVID-19 Infection Prevention are being followed by staff, residents, and visitors. Provide periodic and as needed re-education and continue monitoring efforts.
