The operating organization of a Texas-based long-term care company is vigorously denying the claims alleged in a wrongful death lawsuit filed by the family of a dietary supervisor employed by one of the facilities. The lawsuit seeks more than $1 million in damages and a jury trial.
The basis for the lawsuit comes from a claim that a resident who had contracted COVID-19 and was sent to the hospital was then returned to the facility, exposing the resident’s caregivers who were not provided with adequate personal protective equipment (PPE). According to the lawsuit, six employees were assigned to sit with the ill resident for long periods of time without proper PPE. The complaint alleges that those employees were unaware that the resident had COVID-19. Four of the six employees assigned contracted the Coronavirus, including the dietary supervisor who later died, and her pregnant daughter, also an employee at the facility.
The attorney for the family gave the media this statement: “We have alleged in our petition that the defendant’s actions constitute gross negligence, and we therefore believe that our case would not be subject to legislation granting immunity to long-term care facilities from ordinary negligence claims.”
The co-founder of the operating organization gave this statement to the media: “We have implemented, and continue to implement, safety protocols in accordance with and as directed by state and federal guidelines in an effort to protect our residents and employees from the coronavirus. As it relates to the lawsuit, we vehemently deny the claims made in the lawsuit and intend to defend ourselves in court. The lawsuit contains material factual inaccuracies that will be cleared up over time, but due to the pending litigation we cannot discuss further at this time.”
Compliance Perspective
Issue
Failure to communicate to staff members that residents in their care have contracted COVID-19, and failure to supply and require those employees to wear appropriate PPE, may place those employees and other residents in jeopardy for contracting the Coronavirus and be considered abuse, negligence, and provision of substandard quality of care, in violation of state and federal regulations and guidelines, and does not meet COVID-19 reporting requirements. These failures may result in wrongful death lawsuits.
Discussion Points
- Review policies and procedures regarding the Centers for Medicare & Medicaid services (CMS) reporting requirements listed in F-Tag 855 to residents, families, responsible parties, and employees regarding confirmed or suspected COVID-19 cases. Also review policies and procedures for ensuring that employees are provided with adequate PPE to wear when providing care to those residents.
- Train employees regarding the facility’s Infection Control Program for preventing the spread of COVID-19 and the protocols for individual practice regarding hand hygiene and proper wearing of PPE when providing care to COVID-19 positive residents.
- Periodically audit to ensure that COVID-19 reporting requirements are occurring as per the CMS and CDC guidelines, and that employees providing care to COVID-19 positive residents are provided adequate PPE and wear it properly. Complete or update a COVID-19 Self-Assessment to determine your facility’s sustained level of preparedness and compliance (see link below).
FOR MORE INFORMATION ON THIS TOPIC view: COVID-19 FACILITY PREPAREDNESS SELF-ASSESSMENT.
