God's Waiting Room: Litigating Nursing Home Cases in the Age of COVID-19
Long-term care facilities that fail to adhere to CMS guidelines for COVID-19 infection control may face legal liability for outbreaks at their facility. Only the most egregious cases will likely meet the gross negligence standard adopted in many states.
May 08, 2020 at 12:00 PM
11 minute read
Yes, the unimaginable has happened. Pandemic is a word we never thought would become a part of our everyday vocabulary. COVID-19 has hit us all hard. Most lawyers are focusing on how to keep their practice afloat and themselves and their loved ones healthy.
No part of society has been hit harder than the elderly who are confined to long term care facilities. Some of this is predictable. They are among the most vulnerable members of our society, and they are living in close quarters.
Some COVID infections and deaths are not preventable, but there is much that can be done by long term health care facilities to prevent and/or limit the spread of COVID-19 infections inside their facilities.
The Root of the Problem
The nursing home industry would like to position itself as the victim of circumstance. However, long prior to COVID-19, the industry as a whole struggled with quality of care issues. To address these issues and determine where facilities fall short, the Centers for Medicare & Medicaid Services (CMS) created a five-star quality rating system, in which facilities are evaluated on a number of different factors. These star ratings are accessible to the public and can be found on https://www.medicare.gov/nursinghomecompare/search.html?.
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