Infections – from the common cold to the flu – are an inconvenience for many of us. However, the mismanagement of an infection in a nursing home can be devastating. Any infection in such a facility should be considered serious and have a structured, managed response internally, so as to isolate and contain its path. However, many individuals wonder what legal recourse they have, if any, against a facility if infection leads to irreparable injury or death of a loved one.
The COVID Example
In the immediate years following the pandemic, nursing home immunity to liability for COVID exposure was bolstered by legal protections, funding, and strong defense strategies that helped many providers avoid or mitigate lawsuits.
According to a recent report in McKnights Long Term Care News, for a period of time, many people were discouraged from pursuing cases against nursing homes by a 2023 federal jury decision that found Life Care Centers of Kirkland, Washington not liable for COVID deaths, and a number of other nursing homes successfully appealing severe penalties.
A Nursing Home’s Duty to Patients Regarding Infections
One positive outcome of the pandemic was the legal requirement that nursing homes must pay close attention to the complex medical needs of elders, particularly the control of infections. With many immune vulnerable residents living in close quarters, regulators realize the importance of there being well thought-out systems to protect the frail elderly. In fact, the law requires nursing homes to “establish and maintain an infection prevention and control program designed to provide a safe, sanitary and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.” (Nursing Home Reform Act Section 483.80.)
With vaccines and improved protocols in place, facilities can and must now improve care standards. In addition to COVID, there are many diseases and conditions that, if responses are delayed for even a brief period of time, can lead to serious, life-threatening harm. These infections include flu, urinary tract infections, pneumonia and wound infections.
Sometimes the very basic rules we all expect of each other – wash your hands, if you’re sick stay away from others, wash floors and bathrooms, if you’re sick see a doctor, etc. – are denied or ignored in nursing homes.
Our immune systems inevitably weaken with age. For seniors in crowded and unsanitary nursing institutions, an illness can run rampant through their bodies and lead to serious illnesses or even death in a matter of hours or days.
Nursing homes have a duty to contact families regarding any serious medical condition affecting a resident, so they have the power to make informed care decisions. Even when there is an advanced directive already in place, it can be overturned at the direction of a family member. Circumstances change and, especially in the event of a serious medical emergency or infectious contamination, the course of treatment and medical decisions ultimately belong to a family, and not a staff member consulting a chart. That is not a claim of principle. That is, in fact, the law.
Do you have a question about a loved one’s care in a long-term care setting, or suspect injury in a nursing home or assisted living facility in Pennsylvania due to negligence? We offer decades of experience through a recognized leader in long-term care litigation cases and can provide the skilled legal guidance you need to seek justice.
Please contact us to learn more about how we can help you