Why Do Nursing Homes Need Blanket Immunity From Coronavirus Claims?


Brookdale Senior Living, Inc. the largest assisted living chain in the United States with 1,066 facilities, states on its website: “The health and well-being of our residents and associates is our top priority. Out of an abundance of caution, we are going above and beyond the recommended guidelines related to infection control protocols and procedures.” Source

Genesis HealthCare, the largest provider of nursing home care in the United States with more than 350 nursing homes in 25 states, states on its website: “Since we are several months into the COVID-19 pandemic, we would like to take a few moments to convey our ongoing commitment to keeping our patients and residents safe … All affiliated Genesis locations have an Infection Control Specialist focused on infection control procedures, as well as staff education. This focus has resulted in 94% of our affiliated centers achieving a “zero deficiency rating” on infection control surveys conducted by state and federal officials during the pandemic.” Source

HCR ManorCare, which operates approximately 280 nursing homes in the United States, states on its website: “Our centers acted early to restrict access to the facility, currently require universal masking for our direct caregivers, provide isolation units for those patients or residents with or suspected to have novel coronavirus, and implemented infection control processes based on the CDC’s recommendations.” Source

For the week ending August 2, 2020, CMS reported 177,129 confirmed cases of coronavirus among nursing home residents in the United States, 109,253 suspected coronavirus cases, and 45,958 coronavirus deaths among nursing home residents in the United States. The data posted by CMS is what nursing homes submitted through the Centers of Disease Control and Prevention (CDC) National Healthcare Safety Network (NHSN) system. Source

According to The Consumer Voice: “Although nursing home residents account for less than half a percent of the United States population, 43% of all COVID-19 fatalities in the United States have been residents of long-term care facilities. Over 54,000 residents of Long-Term Care Facilities have died from COVID-19 since the pandemic began. In several states, one in ten residents of nursing homes has died from COVID-19.

“Since the onset of the pandemic, the long-term care industry has launched a nationwide campaign to escape accountability for their negligent actions that result in harm or death of long-term care residents during the pandemic. To date, 28 states have issued executive orders or passed laws providing immunity from civil liability to nursing homes, while three states have passed laws providing immunity from criminal liability.

“Early data show that there is a correlation between facilities with a history of poor quality of care and infection control procedures and Covid-19 outbreaks, according to The Centers for Medicare & Medicaid Services. For decades, residents and advocates have seen a steady decline in quality of care as more homes are bought up by for-profit corporations and private equity firms, which, through cost-cutting measures, seek to maximize profits from long-term care facilities … The usual oversight protections – family/friends, long-term care ombudsman, state licensing and certification agencies, and adult protective services – are largely no longer present in facilities due to bans on visitation. As a result, the legal system is the last remaining avenue for protecting residents and holding nursing homes accountable for substandard care … By removing liability for negligent care, Congress would be eliminating an effective tool that encourages facilities to comply with state and federal laws and regulations. No accountability for bad actions means more residents will be harmed.”

Source

If you or a loved one suffered injuries (or worse) while a resident of a nursing home in the United States due to the coronavirus, you should promptly find a nursing home coronavirus lawyer in your state who may investigate your nursing home coronavirus claim for you and file a nursing home coronavirus case on your behalf or behalf of your loved one, if appropriate.

Click here to visit our website to be connected with medical malpractice attorneys (nursing home claim attorneys) in your U.S. state who may assist you with your nursing home coronavirus claim, or call us toll-free in the United States at 800-295-3959.

Turn to us when you don’t know where to turn.

This entry was posted on Saturday, August 15th, 2020 at 5:30 am. Both comments and pings are currently closed.

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