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Nursing homes are trying to dodge lawsuits filed amid the COVID-19 pandemic by claiming immunity against allegations that it failed to protect residents from the deadly outbreaks inside its facilities, and during them.
Dozens of residents and their family members filed a lawsuit against a nursing home in Pennsylvania after at least ten residents died from COVID-19. The Nursing home argued that federal law and a Congressional declaration gave it immunity from the wrongful death lawsuit. Immunity that apparently spreads across nearly 30 states, including North Carolina where a nursing home is singing the same tune.
Surviving family members of a resident who allegedly died in Treyburn Rehabilitation Center from an infected bedsore argue that the home should be held responsible in their lawsuit, according to npr. Family members say the resident’s death had nothing to do with the virus even though she died during the pandemic. Now the lawsuit is raising questions about just how much immunity these nursing homes are receiving.
Nursing Home Immunity or Free Pass for Neglect?
Elderly people in nursing homes and assisted living facilities face a much higher coronavirus death rate than other segments of the population. A study by the Foundation for Research on Equal Opportunity found that these facilities account for 38% of COVID-19 deaths.
According to the lawsuit filed against Treyburn Rehabilitation Center, the family of an elderly resident noticed that she was not being appropriately cared for during the initial wave of the pandemic.
“We were there a lot and we found ourselves having to bathe her, just general things they were supposed to do,” one of the woman’s daughters said in the lawsuit. “We’d come in several times when she hadn’t been fed her tray; [it was] just sitting there.”
Despite pleas from the family to take the woman to the hospital to care for her infected bed sore, Treyburn staff assured them they could handle it; however, the plaintiffs’ mother died from her infection in April, according to npr.
Now the Treyburn nursing home may be immune from these allegations under expended state immunity laws. An attorney representing the family says that making nursing homes immune from allegations of neglect during the coronavirus is not right.
“Literally, the nursing homes can take their own understaffing, their chronic understaffing, and use it as a shield to prevent any liability at all during the COVID pandemic,” the attorney reportedly explained to npr.
Are you or a loved one a resident in a nursing home or assisted living facility? Are you concerned about neglect during the coronavirus pandemic? Tell us what you think in the comment section below!
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3 thoughts onNursing Homes Want Immunity From Lawsuits Filed During the COVID-19 Pandemic
Wisconsin is never included
Yes, this is totally human right violations which replubicans are very vocal in continuing this immunity clause in any new proposal for relief.
I am very concerned for my mom, I can’t visit her. She calls me every day to complain about what the aids and nurses don’t do.
She was diagnosed with COVID, thank God and praising my God she is doing great.
She also, had a UTI infection. They take there time to wash her up or bath her. It’s a mess due to family members are not aloud in the nursing homes.