Two sisters have filed a negligence and mistreatment lawsuit against a Montana nursing home where their mother contracted COVID-19 and died. The attorney representing the sisters is requesting that the case be certified as a class action since more than 100 people could be party to the suit. At the onset of the COVID-19 outbreak, 116 of the 145 residents contracted COVID-19 in a little more than a month.
The sister’s lawsuit claims that their mother’s health declined after she contracted COVID-19 at the facility. The resident was taken to the hospital for further treatment and was discharged back to the nursing facility and was placed on an oxygen concentrator. After the resident was transferred back to the nursing facility, the sisters made multiple attempts to contact their mother who was not answering her cell phone. The sisters also made multiple calls to the nursing facility where no one answered the phone. When the sisters did finally reach the facility, they were told that their mother was doing fine.
One of the sisters visited in her mother on November 6, 2020, and she claims that her mother had no idea who she was and kept telling her, “I cant breathe.” The next day emergency services were called to the nursing facility with the complaint that the resident was not breathing well. The emergency services personnel reported that her oxygen concentrator was shut off and the tubing was disconnected. The resident passed away on November 8, 2020.
The lawsuit is seeking damages for the suffering of the resident and for others who contracted COVID-19 or died while under the care of the nursing facility. The lawsuit alleges that the nursing facility failed to follow public health COVID-19 guidelines issued by government health agencies, to establish and maintain a reasonable infection prevention and control program, maintain adequate staffing levels, properly use personal protective equipment (PPE), or inform resident representatives of the deteriorating conditions inside the facility. In addition, the lawsuit claims that nursing attempted to conceal its neglect using COVID-19 restrictions.
On November 5, 2020, the facility failed a COVID-19 focused infection control audit. The facility received a deficiency for failure to timely and effectively address a lack of the required employee COVID-19 screenings when staff were working and/or providing resident care, and staff failed to wear PPE properly while providing care to residents on non-COVID-19 units. In addition, the survey stated that facility staff working on the non-COVID-19 halls did not complete COVID-19 screenings, tested positive for COVID-19, and were not wearing their PPE appropriately.
Compliance Perspective
Issue
As COVID-19 cases continue to surge across the country, it is imperative that staff follow infection prevention and control protocols. All staff members should adhere to the Core Principles of COVID-19 Infection Prevention. Supervisors and others who have decision making capacity must follow infection control protocols when assessing staff members and know when staff members should be prohibited from working to decrease the spread of infections. The memorandum listing the Core Principles can be accessed here: https://www.cms.gov/files/document/qso-20-39-nh.pdf.
Discussion Points
- Review policies and procedures to ensure implementation of the Core Principles of COVID-19 Infection Prevention and the effectiveness of the facility’s Infection Prevention and Control Plan.
- Train staff in the Core Principles of COVID-19 Infection Prevention. Document that the training occurred and file the signed training document in each employee’s education file.
- Periodically audit to ensure that the Core Principles of COVID-19 Infection Prevention are being followed by staff, residents, and visitors. Provide periodic and as needed re-education and continue monitoring efforts.
